{"id":"C2020A00122","name":"Recycling and Waste Reduction Charges (Excise) Act 2020","slug":"recycling-and-waste-reduction-charges-excise-act-2020","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"122 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436338,"registerId":"C2020A00122-fast-fetch-1775953566727","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Recycling and Waste Reduction Charges (Excise) 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 (Excise) Act 2020\n\n \n\nNo. 122, 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 excise, 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 the 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 (Excise) Act 2020\n\nNo. 122, 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 excise, 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 (Excise) 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 the 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 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 excise 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(95/20)\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","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: establishing a framework for cost-recovery charges on waste exports. The heavy delegation to regulations is consistent with the original intent to create a flexible mechanism where charge rates and liability can be adjusted administratively without parliamentary amendment."},"complexity_factors":["Very short statute (only 11 sections across 3 Parts)","Minimal defined terms (only 2: 'regulated waste material' and 'property of any kind belonging to a State', both referencing external definitions)","Heavy reliance on delegated legislation – most substantive details (charge amounts, liability, exemptions) left to regulations","Single constitutional limitation (section 7(4) limiting charges to 'duties of excise' under section 55 of the Constitution)","Simple structure with no nested exceptions or complex conditional logic in the primary text"],"plain_english_summary":"This law creates a framework for charging fees (taxes) on the export of regulated waste materials from Australia. It works alongside the Recycling and Waste Reduction Act 2020.\n\n**What it does:**\n- **Imposes charges** on exporting certain waste materials, treating these charges as 'duties of excise' (a type of tax on goods produced or manufactured within a country, or in this case, on their export).\n- **Sets up the machinery** for how these charges work, but leaves most of the details to be filled in later through regulations (rules made by the government without needing a new Act of Parliament).\n\n**Who it affects:**\n- **Waste exporters** – anyone exporting 'regulated waste material' (the exact types are defined in the companion Recycling and Waste Reduction Act 2020).\n- **The Commonwealth** – the charges are designed to recover the government's costs of managing and overseeing waste exports.\n\n**Key features:**\n- The charges must be set at a level that **only recovers the Commonwealth's actual costs** – they can't be used to make a profit (section 8(2)).\n- The regulations will determine **who pays**, **how much**, and **any exemptions**.\n- The Act **doesn't apply to Commonwealth property** but does bind the States and Territories.\n\n**Why it matters:**\nThis is part of Australia's response to waste management challenges, including the 'waste crisis' following China's ban on importing foreign waste. It creates a cost-recovery mechanism to ensure waste exporters contribute to the regulatory costs of ensuring waste is handled properly overseas, rather than dumping the environmental and financial burden on Australian taxpayers."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Act is narrowly drafted and stays within its original, stated purpose: to enable charges relating to the export of regulated waste material to be imposed (as taxes), subject to constitutional limits and a statutory cost‑recovery constraint (ss 7–8). It does not broaden taxation powers beyond excise-related charges for export waste, does not create new domestic waste-regulation powers itself, and relies on the separate Recycling and Waste Reduction Act 2020 for the definition of 'regulated waste material' (s 5). The principal change the Act effects is to provide an enabling framework for regulations; it does not expand the substantive scope beyond that enabling function."},"complexity_factors":["Short, single-purpose Act (11 sections plus standard preamble)","Only one defined term in this Act; definition is by reference: 'regulated waste material' (s 5) referring to the Recycling and Waste Reduction Act 2020","Heavy delegation to regulations for substantive detail (ss 7–11) — increases practical complexity despite statutory brevity","Constitutional cross-reference: charge limited to being a 'duty of excise' (s 7(4)) — invites legal interpretation","Ministerial satisfaction precondition for regulations that set charges (s 8(2)) — introduces an administrative evidentiary requirement","Cross-reference to section 114 of the Constitution for the meaning of 'property of any kind belonging to a State' (s 6)","Conditional commencement tied to commencement of a separate Act (s 2) — administrative sequencing issue"],"plain_english_summary":"This Act creates a regulatory pathway for the Commonwealth to impose charges—treated as taxes—on exports of \"regulated waste material,\" with the detailed rules (who pays, amounts, exemptions) set by regulation.  \n\nTwo legal limits matter: each charge must be lawful as an excise and the Minister must be satisfied charges recover no more than the Commonwealth’s likely costs. Who ultimately pays and the economic effects depend on how the regulations are drafted."}},"importantCases":[],"_links":{"self":"/api/acts/recycling-and-waste-reduction-charges-excise-act-2020","history":"/api/acts/recycling-and-waste-reduction-charges-excise-act-2020/history","analysis":"/api/acts/recycling-and-waste-reduction-charges-excise-act-2020/analysis","conflicts":"/api/acts/recycling-and-waste-reduction-charges-excise-act-2020/conflicts","importantCases":"/api/acts/recycling-and-waste-reduction-charges-excise-act-2020/important-cases","documents":"/api/acts/recycling-and-waste-reduction-charges-excise-act-2020/documents"}}