{"id":"C2011A00076","name":"Product Stewardship Act 2011","slug":"product-stewardship-act-2011","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"76 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8231,"registerId":"commonwealth-C2011A00076-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.","content":"Part 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n","sortOrder":0},{"sectionNumber":"Part 3","sectionType":"part","heading":"is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.","content":"Part 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\n","sortOrder":1},{"sectionNumber":"Part 4","sectionType":"part","heading":"is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.","content":"Part 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\n","sortOrder":2},{"sectionNumber":"Part 1","sectionType":"part","heading":"also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.","content":"Part 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n","sortOrder":3},{"sectionNumber":"Part 8","sectionType":"part","heading":"is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.","content":"Part 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n","sortOrder":4},{"sectionNumber":"Part 9","sectionType":"part","heading":"deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.","content":"Part 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\n","sortOrder":5},{"sectionNumber":"Div 2","sectionType":"division","heading":"is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.","content":"Division 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\n","sortOrder":6},{"sectionNumber":"Div 3","sectionType":"division","heading":"is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.","content":"Division 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## Division 1 Preliminary\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 1 Short title\n\n## 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n## Division 2 Guide to this Act\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 3 Guide to this Act\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n## Division 3 Objects of this Act and product stewardship criteria\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 4 Objects of this Act\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n## 5 Product stewardship criteria\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n## Division 4 The Dictionary\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 6 The Dictionary\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n## Division 5 Application of this Act\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 7 Act binds Crown\n\n## 8 Extension to external Territories\n\n## 9 Relationship to State and Territory laws\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\n## Part 2 Voluntary product stewardship\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 10 Guide to this Part\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n## Division 2 Voluntary product stewardship\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 11 Exercising rights in product stewardship logo in accordance with accredited voluntary arrangement\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n## 12 What is an accredited voluntary arrangement\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n## 13 Accreditation of voluntary arrangements\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n## 14 What is a product stewardship logo\n\n## 15 What are the Commonwealth’s intellectual property rights in a product stewardship logo\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\n## 16 Commonwealth’s intellectual property rights not limited\n\n## Part 3 Co‑regulatory product stewardship\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 17 Guide to this Part\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n## Division 2 Requirements for liable parties and administrators of co‑regulatory arrangements\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## Subdivision A Requirement for liable party to be member of approved co‑regulatory arrangement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 18 Liable party to be member of approved co‑regulatory arrangement\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n## 19 Who is a liable party in relation to a class of products\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n## 20 What is an approved co‑regulatory arrangement\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n## 21 Outcomes for co‑regulatory arrangements\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n## 22 Matters to be dealt with by co‑regulatory arrangements\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n## Subdivision B Requirements for administrators of approved co‑regulatory arrangements\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 23 Administrator to achieve outcomes for co‑regulatory arrangement\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n## Subdivision C Requirements for liable parties and administrators\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 24 Requirements relating to record‑keeping, giving information and reporting\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n## Division 3 Approving co‑regulatory arrangements\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 25 Approving co‑regulatory arrangements—application\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n## 26 Approving co‑regulatory arrangements—decision\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n## Division 4 Reviewing co‑regulatory arrangements and cancelling approvals\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 27 Reviewing approved co‑regulatory arrangements\n\n## 28 Cancelling approvals of co‑regulatory arrangements\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n## Division 5 Enforcing approved co‑regulatory arrangements\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 29 Improvement notices\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n## 30 Directed audits—general\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n## 31 Directed audits—appointing auditor and carrying out audit\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n## Division 6 Other matters relating to co‑regulatory product stewardship\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 32 Co‑regulatory product stewardship—anti‑avoidance\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n## 33 Co‑regulatory product stewardship—replacing administrator\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n## 34 Co‑regulatory product stewardship—constitutional connection\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n## 35 Co‑regulatory product stewardship—reading down provision for administrators\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\n## Part 4 Mandatory product stewardship\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 36 Guide to this Part\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n## Division 2 Mandatory product stewardship\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 37 Mandatory product stewardship requirements may be specified in regulations\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n## 38 Contravening mandatory product stewardship requirements\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n## 39 Mandatory product stewardship—satisfying product stewardship criteria and furthering objects etc.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n## 40 Mandatory product stewardship—constitutional connection\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\n## Part 5 Enforcing this Act\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 41 Guide to this Part\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n## Division 2 Civil penalty provisions\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## Subdivision A Obtaining a civil penalty order\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 42 Civil penalty orders\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n## 43 Maximum amount of pecuniary penalty\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n## 44 Involvement in contravening civil penalty provision\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n## 45 Civil enforcement of penalty\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n## 46 Conduct contravening more than one civil penalty provision\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n## 47 Multiple contraventions\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n## 48 Proceedings may be heard together\n\n## 49 Civil evidence and procedure rules for civil penalty orders\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n## 50 Contravening a civil penalty provision is not an offence\n\n## Subdivision B Civil liability of executive officers of bodies corporate\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 51 Civil liability of executive officer of body corporate\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n## 52 Reasonable steps to prevent contravention\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n## Subdivision C Civil proceedings and criminal proceedings\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 53 Civil proceedings after criminal proceedings\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n## 54 Criminal proceedings during civil proceedings\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n## 55 Criminal proceedings after civil proceedings\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n## 56 Evidence given in civil proceedings not admissible in criminal proceedings\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n## Subdivision D Miscellaneous\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 57 Mistake of fact\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n## 58 State of mind\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n## 59 Continuing contraventions\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n## Division 3 Publicising offences, contraventions and decisions\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 60 Minister may publicise certain offences, contraventions and decisions\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n## Division 4 Enforceable undertakings\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 61 Acceptance of undertakings\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n## 62 Enforcement of undertakings\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n## Division 5 Injunctions\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 63 Injunctions\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n## 64 Granting interim injunctions\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n## 65 Discharging or varying injunctions\n\n## 66 Certain limits on granting injunctions not to apply\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\n## Part 6 Compliance powers\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 67 Guide to this Part\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n## Division 2 Powers of inspectors\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## Subdivision A Appointment of inspectors\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 68 Minister may appoint inspectors\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n## 69 Identity cards\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n## 70 Offence for failing to return identity card\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n## Subdivision B Powers of inspectors\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 71 Purposes for which powers can be used\n\n## 72 Inspection powers—with consent\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n## 73 Refusing consent is not an offence\n\n## 74 Inspection powers—with warrant\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n## 75 Announcement before entry under warrant\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n## 76 Copy of warrant to be given to occupier\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n## 77 Occupier entitled to observe execution of warrant\n\n## 78 Occupier to provide inspector with facilities and assistance\n\n## Subdivision C General provisions relating to seizure\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 79 Copies of seized things to be provided\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n## 80 Receipts for things seized\n\n## 81 Return of seized things\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n## 82 Issuing officer may permit a thing to be retained\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n## 83 Disposal if thing cannot be returned\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n## Subdivision D Applying for warrants to enter premises\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 84 Ordinary warrants\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n## 85 Warrants by telephone, fax etc.\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n## 86 Signed form of warrant not produced in evidence\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n## Subdivision E Powers of issuing officers\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 87 Federal Circuit Court Judges—consent to nomination\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n## 88 Powers of issuing officers\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n## Division 3 Information gathering powers\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 89 Meaning of person who has product stewardship information\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n## 90 Minister may require a person to provide information\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n## 91 Minister may require a person to appear before an inspector\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\n## Part 7 Reviewing decisions\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 92 Guide to this Part\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n## Division 2 Reviewing decisions\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 93 Persons affected by reviewable decisions\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n## 94 Notification of decisions and review rights\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n## 95 Internal review\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n## 96 Review of decisions by Administrative Appeals Tribunal\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\n## Part 8 Protecting information\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 97 Guide to this Part\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n## Division 2 Protecting information\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 98 Offence—Disclosing commercially sensitive information\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n## 99 Authorised disclosures\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n## 100 Disclosing commercially sensitive information to courts and tribunals etc.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n## Part 9 Miscellaneous\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 101 Guide to this Part\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n## Division 2 Miscellaneous\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

25 July 2011

2. Sections 3 to 111

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

8 August 2011

(see F2011L01586)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nProduct stewardship is an approach to reducing the environmental and other impacts of products by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products.\n\nPart 2 is about voluntary product stewardship. This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\nPart 3 is about co‑regulatory product stewardship. This involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the regulations, to be members of co‑regulatory arrangements approved by the Minister.\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act.\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations.\n\nPart 4 is about mandatory product stewardship. This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products.\n\nBefore regulations are made specifying liable parties for a class of products under Part 3 (co‑regulatory product stewardship), or requiring action to be taken in relation to products under Part 4 (mandatory product stewardship), the Minister must be satisfied that:\n\nThe objects of this Act and the product stewardship criteria are also relevant to determining whether to accredit a voluntary arrangement under Part 2\\. They are set out in Division 3 of Part 1.\n\nPart 1 also contains the Dictionary. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.\n\nIn addition, Part 1 deals with the application of this Act to the Crown and in the external Territories. It also deals with the relationship between this Act and State and Territory laws.\n\nDivision 2 of that Part allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 of that Part allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 of that Part deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\nDivision 2 of that Part is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 of that Part is about gathering information for the purposes of investigating or preventing a possible contravention of a civil penalty provision or an offence provision in this Act.\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\nPart 8 is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\nPart 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.\n\n (b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.\n (2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n (a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);\n (b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.\n\n (ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;\n (iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.\n\n> Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:\n\n (b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).\n\n (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.\n\n that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.\n\n (b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.\n\n> negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).\n\n> reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).\n\n> recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.\n\n This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.\n\nThis involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.\n\n(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and\n\n A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.\n\n (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.\n (2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;\n (i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and\n (ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;\n (c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;\n\n (1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.\n (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;\n (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;\n (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;\n (h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.\n\n (a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;\n (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.\n (3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:\n (d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or\n (4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:\n\n (a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and\n (b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.\n\nUnder Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).\n\nThese arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).\n\nAdministrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).\n\nBefore regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:\n\nDivision 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).\n\nDivision 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.\n\nDivision 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.\n\n (1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.\n\n (2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:\n (a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and\n (8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).\n (9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.\n\n (1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:\n\n (3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n (4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.\n\n (1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.\n (2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:\n (b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;\n\n (1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.\n (a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).\n\n (1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.\n (d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.\n\n> Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).\n\n (a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and\n\n> Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.\n\n> Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).\n\n (1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:\n\n> Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).\n\n (3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:\n (4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.\n (5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:\n\n (1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.\n (a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and\n\n (2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:\n (a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or\n (b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.\n\n (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:\n (a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or\n (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or\n (c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or\n (i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);\n (iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or\n (ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);\n (2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:\n (3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.\n\n (1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:\n (a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and\n (b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.\n (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.\n (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.\n\n (1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:\n\n (1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.\n\n (3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.\n (5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.\n\n (1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).\n\n (a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:\n (b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and\n (c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.\n (b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.\n (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.\n\n (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.\n\n (a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or\n (b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.\n\n (a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or\n (b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.\n\n (1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:\n (b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n (2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:\n\n In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.\n\nThis involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).\n\nThese requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.\n\n (1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.\n (e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.\n\n> Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).\n\n (3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:\n (a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;\n (b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;\n (e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;\n (g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;\n (i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;\n (j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.\n (5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.\n\n> Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).\n\n (6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.\n\n (a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or\n (b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.\n\n (1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:\n (a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and\n (i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and\n (ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and\n\n (2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.\n (3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.\n\n (1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:\n (a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;\n (b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;\n (c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.\n\nDivision 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.\n\nDivision 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.\n\nDivision 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.\n\n (1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.\n\n (2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.\n (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and\n\n (1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):\n (2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.\n (3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:\n (a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;\n (b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.\n (4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).\n\n (d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or\n (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.\n\n (2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.\n\n (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n\n (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.\n\n (ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and\n (3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.\n (4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.\n (6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:\n\n (1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:\n (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):\n (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;\n (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and\n\n A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.\n (2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:\n (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and\n (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.\n (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.\n\n (1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:\n\n (1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.\n (2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.\n (3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).\n\n (b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;\n (c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;\n (d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;\n (e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;\n (ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or\n\n> Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.\n\n (a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;\n (c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.\n\n (1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.\n (2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:\n (b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;\n\n (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:\n\n> Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).\n\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;\n\n> Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).\n\n (1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.\n (2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.\n\n (1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:\n (a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n\nDivision 2 is about the powers of inspectors. These powers may be used for the purposes of determining whether a person is complying with this Act or for the purposes of investigating a possible contravention of this Act.\n\nDivision 3 is about gathering information for the purposes of investigating or preventing a contravention of a civil penalty provision or an offence provision in this Act.\n\n (1) The Minister may, by writing, appoint an officer or employee of an agency of the Commonwealth, a State or a Territory as an inspector.\n (2) The Minister may appoint a person as an inspector only if the Minister is satisfied that the person has suitable qualifications and experience to exercise the powers and perform the functions of an inspector.\n (4) An inspector must comply with any direction of the Minister while exercising powers or performing functions as an inspector.\n\n> Note: Part 7.8 of the Criminal Code provides offences in relation to causing harm to, and impersonation and obstruction of, Commonwealth public officials.\n\n (5) The Minister may revoke the appointment of a person as an inspector if the person does not comply with a direction given to the person under subsection (4).\n\n (3) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.\n (2) Before obtaining consent, the inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.\n (3) For the purposes set out in section 71, an inspector who enters premises in accordance with subsection (1) may do one or more of the following:\n (f) take onto the premises such equipment and materials as the inspector requires for the purposes of exercising powers in relation to the premises;\n\n> Note: Compensation might be payable under section 105 for equipment or data that is damaged or destroyed as a result of operating the equipment.\n\n (1) An inspector may enter premises and exercise the powers set out in subsection (2) if the inspector has a warrant for the entry.\n\n (2) For the purposes set out in section 71, an inspector who enters premises under warrant may do one or more of the following:\n (3) An inspector may examine or test material under subsection 72(3) only with the written approval of the Minister if the examination or test might result in:\n\n (2) An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n\n (1) If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the inspector must:\n (c) inform the occupier of the rights and responsibilities of the occupier under sections 77 (observing execution of warrant) and 78 (providing facilities and assistance).\n\n the inspector must, if requested to do so by the occupier of the premises, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.\n (2) However, subsection (1) does not apply if possession of the document, film, computer file, thing or information by the occupier or other person could constitute an offence against a law of the Commonwealth.\n\n (1) Subject to any contrary order of a court, if an inspector seizes a thing under this Division, the Minister must take reasonable steps to return it if:\n whichever happens first, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.\n (2) If, apart from this subsection, the Minister would be required to take reasonable steps to return a thing under subsection (1) because of paragraph (1)(b), the Minister is not required to do so if:\n (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n (c) the Commonwealth, the Minister or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.\n (3) A thing that is required to be returned under this section must be returned to the person from whom it was seized (or to the owner if that person is not entitled to possess it).\n\n (1) The Minister may apply to an issuing officer for an order permitting the retention of the thing for a further period if:\n (i) an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act; or\n (b) to enable evidence of an offence mentioned in paragraph (a) or a civil penalty provision to be secured for the purposes of a prosecution, civil penalty proceedings or both;\n the issuing officer may order that the thing may continue to be retained for a period specified in the order (which must not exceed 3 years).\n\n (b) if it is practicable to do so, notify each person whom the Minister believes to have such an interest of the proposed application.\n\n If:\n (b) apart from this section, the Minister would be required to take reasonable steps to return the thing to a person; and\n\n> Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 106.\n\n (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for either or both of the following purposes:\n\n (3) However, the issuing officer must not issue the warrant unless the inspector or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (a) authorise the inspector to enter the premises using any assistance and force to enter the premises that is necessary and reasonable; and\n (b) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and\n (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and\n\n (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 84 if the inspector considers it necessary to do so in an urgent case.\n (3) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 84(2) that sets out the grounds on which the warrant is sought.\n (5) The issuing officer may complete and sign the same warrant that the issuing officer would issue under section 84 if the issuing officer is satisfied that there are reasonable grounds for issuing the warrant, after having:\n (b) received such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.\n (c) tell the inspector the day (not more than one week after the issuing officer completes and signs the warrant) on which the warrant ceases to have effect;\n (8) The inspector must send the issuing officer the form of warrant and information under subsection (7) by the end of the day after the earlier of:\n (b) deal with them in the way in which the issuing officer would have dealt with the information if the application had been made under section 84.\n (10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the issuing officer.\n\n A court must assume, unless the contrary is proved, that the exercise of a power was not authorised by a warrant issued under section 85 if:\n (a) it is material, in any proceedings, for the court to be satisfied that the exercise of that power was authorised by that section; and\n\n (1) A Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Minister under subsection (2).\n (2) The Minister may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an issuing officer for the purposes of this Act.\n\n (2) The issuing officer (other than a Judge of the Federal Circuit Court of Australia) need not accept the power conferred.\n (3) An issuing officer exercising a power conferred by this Division has the same protection and immunity as if he or she were exercising the power:\n\n A person is a person who has product stewardship information if the Minister believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing:\n\n (1) The Minister may give a written notice to a person who has product stewardship information requiring the person to give to an inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n (b) the person does not give the inspector the information, book, record or document within the period specified in the notice.\n\n (1) The Minister may given a written notice to a person who has product stewardship information requiring the person to appear before the inspector specified in the notice:\n (3) A notice under subsection (1) must set out the effect of sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information and producing false or misleading documents).\n\nReviewable decisions (other than those made by the Minister personally) can be reviewed by the Minister (an internal review).\n\nReviewable decisions made by the Minister personally or on an internal review can be reviewed by the Administrative Appeals Tribunal.\n\n Column 1 of the table sets out each person affected by a reviewable decision. Column 2 of the table sets out the reviewable decision that a particular person is affected by.\n\n

Persons affected by reviewable decisions

Item

Person affected

Reviewable decision

1

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to refuse to accredit the voluntary arrangement in relation to a class of products

2

The administrator of a voluntary arrangement

A decision by an accrediting authority under a determination under section 13 to impose conditions on the voluntary arrangement’s accreditation in relation to a class of products

3

The following persons:

(a) the administrator of an accredited voluntary arrangement;

(b) a person licensed, or authorised, by an accredited voluntary arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo

A decision by an accrediting authority under a determination under section 13 to cancel, or refuse to cancel, the accreditation of the voluntary arrangement in relation to a class of products

4

A person who applies to the Minister to vary or revoke a notice given under subsection 18(2)

A decision by the Minister under subsection 18(6) to vary the notice, or to refuse to vary or revoke the notice

5

The administrator of a co‑regulatory arrangement

A decision by the Minister under section 26 to refuse to approve the co‑regulatory arrangement in relation to a class of products

6

The administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 28 to cancel or to refuse to cancel the approval of the co‑regulatory arrangement in relation to a class of products

7

A prospective liable party in relation to whom the Minister has made a determination under section 32

A decision by the Minister under section 32 to make the determination

8

A person who applies for consent under section 33 to the person’s appointment as a replacement administrator of an approved co‑regulatory arrangement

A decision by the Minister under section 33 to refuse to consent to the appointment

\n```\n\n (1) As soon as practicable after making a reviewable decision, the person who made the decision must cause a written notice to be given to each person affected by the decision, containing:\n (2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.\n\n (1) A person affected by a reviewable decision (other than a decision made by the Minister personally) may apply in writing to the Minister for review (the internal review) of the decision.\n\n (2) An application under subsection (1) may be made only by, or on behalf of, a person affected by the reviewable decision.\n\nThis Part is about protecting information (called protected information) obtained by or disclosed to persons in connection with this Act, including regulations and legislative instruments made under it.\n\nDisclosing protected information is an offence if it might substantially prejudice the commercial interests of a person, and the disclosure is not authorised by this Part.\n\n (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 99 (authorised disclosures).\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.\n\n (i) the disclosure is, or is a kind of disclosure that is, certified in writing by the Minister to be in the public interest; and\n (i) the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; and\n (2) An instrument made under subparagraph (1)(e)(i) certifying that a particular disclosure is in the public interest is not a legislative instrument.\n (3) An instrument made under subparagraph (1)(e)(i) certifying that a kind of disclosure is in the public interest is a legislative instrument.\n\n (a) information or a document is disclosed to, or obtained by, a person (the public official) in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act; and\n (b) there is a risk that disclosure of the information or document might substantially prejudice the commercial interests of a person other than the public official.\n\n (2) The public official must not, except for the purposes of this Act, be required to disclose the information to, or produce the document in or to, a court, tribunal, authority or other person having power to require the production of documents or the answering of questions.\n\n(a) making applications under this Act (including regulations and instruments made under it) and requesting additional information to determine them;\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 102 General requirements for making applications\n\n (2) The approved form may require the documentation or information accompanying an application, or any statement made in an application, to be verified by statutory declaration.\n (3) To avoid doubt, the Minister may approve different forms, and the regulations may specify different fees, for different classes of application (including applications that relate to different classes of product).\n\n## 103 Applications—requesting additional information\n\n (1) For the purposes of determining an application under this Act, the Minister may give the applicant a written notice requesting the applicant to give the Minister further specified documentation or information before the day specified in the notice.\n\n## 104 Privilege against self‑incrimination not affected\n\n Nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.\n\n## 105 Compensation for damage to electronic equipment\n\n (a) as a result of electronic equipment being operated under section 72 (inspection powers with consent) or 74 (inspection powers with warrant):\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines.\n (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n\n## 106 Compensation for acquisition of property\n\n (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n## 107 Annual report\n\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is completed.\n (4) If sections 1 and 2 of this Act do not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of those sections and ending on the next 30 June as if:\n\n## 108 Publishing material about arrangements\n\n (1) The Minister must publish on the Department’s website, for each accredited voluntary arrangement and each approved co‑regulatory arrangement:\n (i) for an accredited voluntary arrangement—in accordance with a condition of the arrangement’s accreditation (see paragraph 13(2)(f)); or\n (ii) for an approved co‑regulatory arrangement—as mentioned in subsection 24(4) (requirements for administrator of approved co‑regulatory arrangement); and\n (e) for an approved co‑regulatory arrangement—a copy of any audit report in relation to the arrangement given to the Minister in accordance with a notice under section 30 (directed audits).\n (a) there is a risk that publishing the information might substantially prejudice the commercial interests of a person; and\n\n## 108A Publishing material about products being considered for accreditation or regulation under this Act\n\n (1) The Minister must publish on the Department’s website, before the end of each financial year that starts after the commencement of this Act:\n (a) a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and\n (2) In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:\n (i) reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;\n (ii) the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;\n (iii) taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.\n (3) The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.\n\n## 109 Review of operation of this Act\n\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.\n\n## 110 Delegation\n\n## 111 Regulations\n\n","sortOrder":7}],"analysis":null,"importantCases":[],"_links":{"self":"/api/acts/product-stewardship-act-2011","history":"/api/acts/product-stewardship-act-2011/history","analysis":"/api/acts/product-stewardship-act-2011/analysis","conflicts":"/api/acts/product-stewardship-act-2011/conflicts","importantCases":"/api/acts/product-stewardship-act-2011/important-cases","documents":"/api/acts/product-stewardship-act-2011/documents"}}