{"id":"C2020A00121","name":"Recycling and Waste Reduction Charges (Customs) Act 2020","slug":"recycling-and-waste-reduction-charges-customs-act-2020","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"121 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436334,"registerId":"C2020A00121-fast-fetch-1775953564145","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Recycling and Waste Reduction Charges (Customs) Act 2020","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nRecycling and Waste Reduction Charges (Customs) Act 2020\n\n \n\nNo. 121, 2020\n\n \n\n \n\n \n\n \n\n \n\nAn Act to impose, as taxes, charges relating to the export of waste material, so far as those charges are duties of customs, and for related purposes\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Short title\n\n2 Commencement\n\n3 Crown to be bound\n\n4 Extension to external Territories\n\n5 Definitions\n\n6 Act does not impose tax on property of State\n\nPart 2—Charges in relation to export of regulated waste material\n\n7 Imposition of charges\n\n8 Matters relating to amount of charges\n\n9 Who is liable to pay charges\n\n10 Exemptions from charges\n\nPart 3—Miscellaneous\n\n11 Regulations\n\n \n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nRecycling and Waste Reduction Charges (Customs) Act 2020\n\nNo. 121, 2020\n\n \n\n \n\n \n\nAn Act to impose, as taxes, charges relating to the export of waste material, so far as those charges are duties of customs, and for related purposes\n\n[Assented to 15 December 2020]\n\nThe Parliament of Australia enacts:\n\nPart 1—Preliminary\n\n \n\n1  Short title\n\n  This Act is the Recycling and Waste Reduction Charges (Customs) Act 2020.\n\n2  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 \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Act The later of:(a) the start of the day after this Act receives the Royal Assent; and(b) immediately after the commencement of the Recycling and Waste Reduction Act 2020.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 16 December 2020(paragraph (b) applies)\n\n\nNote: 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\n3  Crown to be bound\n\n  This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not bind the Crown in right of the Commonwealth.\n\n4  Extension to external Territories\n\n  This Act extends to every external Territory.\n\n5  Definitions\n\n  In this Act:\n\nregulated waste material has the same meaning as in the Recycling and Waste Reduction Act 2020.\n\n6  Act does not impose tax on property of State\n\n (1) This Act does not impose a tax on property of any kind belonging to a State.\n\n (2) In this section:\n\nproperty of any kind belonging to a State has the same meaning as in section 114 of the Constitution.\n\nPart 2—Charges in relation to export of regulated waste material\n\n \n\n7  Imposition of charges\n\n (1) The regulations may prescribe a charge that relates to a matter that:\n\n (a) is the export of regulated waste material; or\n\n (b) relates to the export of regulated waste material.\n\n (2) Two or more charges may be prescribed in relation to the same matter, and a single charge may be prescribed in relation to 2 or more matters.\n\n (3) The charges prescribed for the purposes of subsection (1) are imposed as taxes.\n\n (4) This section imposes a charge only so far as that charge is a duty of customs within the meaning of section 55 of the Constitution.\n\n8  Matters relating to amount of charges\n\n (1) The regulations may prescribe a charge for the purposes of subsection 7(1):\n\n (a) by specifying an amount as the charge; or\n\n (b) by specifying a method of working out the amount of the charge.\n\n (2) Before the Governor‑General makes regulations for the purposes of subsection 7(1) prescribing a charge in relation to a matter, the Minister must be satisfied that the amount of the charge is set at a level that is designed to recover no more than the Commonwealth’s likely costs in connection with the matter.\n\n9  Who is liable to pay charges\n\n  The regulations may prescribe one or more persons who are liable to pay a specified charge prescribed for the purposes of subsection 7(1).\n\n10  Exemptions from charges\n\n  The regulations may provide for exemptions from a charge prescribed for the purposes of subsection 7(1).\n\nPart 3—Miscellaneous\n\n \n\n11  Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Act to be prescribed; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 27 August 2020\n\nSenate on 9 November 2020]\n\n \n\n(92/20)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the text of this Act alone, the scope is to enable charges on exports of \"regulated waste material\" only where they are duties of customs (s 7(1), s 7(4)), with the detailed reach depending on the definition in the Recycling and Waste Reduction Act 2020 (s 5) and on regulations (ss 8–11). The Act itself contains no provision indicating a change from its stated purpose; it confines authority and leaves substantive scope-setting to subordinate regulations."},"complexity_factors":["Heavy delegation to regulations for key details: existence, amount, liability and exemptions of charges (ss 7(1), 8(1), 9, 10, 11).","Constitutional constraint limiting operation to duties of customs (s 7(4) referencing s 55 of the Constitution), which narrows legal scope and raises interpretive questions.","Definition dependency: \"regulated waste material\" is defined only by reference to the Recycling and Waste Reduction Act 2020 (s 5), so scope depends on another statute.","Ministerial substantive check before regulations: Minister must be satisfied charges recover no more than Commonwealth’s likely costs (s 8(2)), introducing an administrable economic test.","Conditional commencement tied to commencement of the related Act (s 2), adding a temporal dependency for operation.","Flexible methods for fixing charges (fixed amount or formula) increase regulatory design options and possible compliance complexity (s 8(1)).","Crown and territorial treatment distinctions: binds States’ Crown but not Commonwealth; extends to external Territories (ss 3, 4), affecting coverage."],"plain_english_summary":"This Act gives the Governor‑General power to make regulations that impose charges, treated as taxes, on the export of \"regulated waste material\" — but only to the extent those charges are customs duties. The Act itself sets the legal framework; the regulations set amounts, who pays, and any exemptions.\n\nIt affects exporters, freight/customs intermediaries and businesses handling regulated waste because it creates a statutory basis for export charges and ties charge levels to recovering Commonwealth costs."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of imposing charges on waste exports as customs duties. The broad delegation to regulations is an intentional design feature to allow administrative flexibility, not scope creep."},"complexity_factors":["Very short statute (only 11 sections across 3 Parts)","Minimal defined terms (only 2 explicit definitions in sections 5 and 6)","Heavy reliance on delegated legislation — most substantive details (charge amounts, liability, exemptions) left to future regulations","Single cross-reference to the Recycling and Waste Reduction Act 2020 for the key term \"regulated waste material\"","Simple conditional logic limited to commencement provisions (section 2) and constitutional safety provisions (section 6)","Straightforward structure: preliminary matters, charging provisions, miscellaneous"],"plain_english_summary":"**What this law does**\n\nThis law creates a system for charging fees (treated as taxes) on the export of \"regulated waste material\" from Australia. It works alongside the *Recycling and Waste Reduction Act 2020* to make waste exporters pay for the costs the government incurs in managing and overseeing these exports.\n\n**Who it affects**\n\n- **Waste exporters**: Anyone exporting waste material that is classified as \"regulated\" under the related Recycling and Waste Reduction Act.\n- **The Commonwealth**: The government can recover its costs for regulating waste exports through these charges.\n- **States and Territories**: The law binds them (meaning they must follow it), but interestingly does *not* bind the Commonwealth itself.\n\n**How it works**\n\n- The law doesn't set specific dollar amounts. Instead, it gives the government power to make **regulations** (detailed rules) that will:\n  - Set the actual charges or formulas for calculating them\n  - Decide who must pay\n  - Create exemptions for certain cases\n- Charges must be set at a level that only recovers the government's likely costs — they can't be used to make a profit.\n- The charges are specifically framed as **duties of customs** (a type of tax on goods leaving or entering the country) to fit within Australia's constitutional framework.\n\n**Why it matters**\n\nThis law helps Australia manage its waste responsibly by ensuring that the costs of regulating waste exports are borne by the exporters themselves, not taxpayers. It creates a \"user pays\" system for waste export regulation, giving the government flexibility to adjust charges as needed through regulations rather than needing new laws each time."}},"importantCases":[],"_links":{"self":"/api/acts/recycling-and-waste-reduction-charges-customs-act-2020","history":"/api/acts/recycling-and-waste-reduction-charges-customs-act-2020/history","analysis":"/api/acts/recycling-and-waste-reduction-charges-customs-act-2020/analysis","conflicts":"/api/acts/recycling-and-waste-reduction-charges-customs-act-2020/conflicts","importantCases":"/api/acts/recycling-and-waste-reduction-charges-customs-act-2020/important-cases","documents":"/api/acts/recycling-and-waste-reduction-charges-customs-act-2020/documents"}}