{"id":"C2020A00120","name":"Recycling and Waste Reduction (Consequential and Transitional Provisions) Act 2020","slug":"recycling-and-waste-reduction-consequential-and-transitional-provisions-act-2020","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"120 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":56981,"registerId":"commonwealth-C2020A00120-1775105967181","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act is the Recycling and Waste Reduction (Consequential and Transitional Provisions) Act 2020.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 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```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:355.55pt; border-collapse:collapse\"><thead><tr><td colspan=\"3\" style=\"width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Commencement information</span></p></td></tr><tr><td style=\"width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 1</span></p></td><td style=\"width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 2</span></p></td><td style=\"width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 3</span></p></td></tr><tr><td style=\"width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions</span></p></td><td style=\"width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Commencement</span></p></td><td style=\"width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableHeading\"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style=\"width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>1.</span><span> </span><span>Sections</span><span> </span><span>1 to 3 and anything in this Act not elsewhere covered by this table</span></p></td><td style=\"width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>The day this Act receives the Royal Assent.</span></p></td><td style=\"width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>15 December 2020</span></p></td></tr><tr><td style=\"width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>2.</span><span> </span><span>Schedules</span><span> </span><span>1 to 3</span></p></td><td style=\"width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>At the same time as Chapter</span><span> </span><span>3 of the </span><span style=\"font-style:italic\">Recycling and Waste Reduction Act 2020</span><span> commences.</span></p><p class=\"Tabletext\"><span>However, the provisions do not commence at all if that Chapter does not commence.</span></p></td><td style=\"width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>16 December 2020</span></p></td></tr><tr><td style=\"width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>3.</span><span> </span><span>Schedule</span><span> </span><span>4</span></p></td><td style=\"width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>The later of:</span></p><p class=\"Tablea\"><span>(a) the commencement of Chapter</span><span> </span><span>4 of the </span><span style=\"font-style:italic\">Recycling and Waste Reduction Act 2020</span><span>; and</span></p><p class=\"Tablea\"><span>(b) the commencement of the </span><span style=\"font-style:italic; background-color:#ffffff\">Federal Circuit and Family Court of Australia Act 2021</span><a id=\"BK_S3P2L20C9\"></a><span>.</span></p><p class=\"Tabletext\"><span>However, the provisions do not commence at all unless both of the events mentioned in paragraphs</span><span> </span><span>(a) and (b) occur.</span></p></td><td style=\"width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"Tabletext\"><span>1 September 2021</span></p><p class=\"Tabletext\"><span>(paragraph (b) applies)</span></p></td></tr></tbody></table>\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.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Schedules","content":"#### 3 Schedules\n\n  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\nSchedule 1—Repeals\n\nProduct Stewardship Act 2011\n\n1 The whole of the Act\n\nRepeal the Act.\n\nSchedule 2—Application, saving and transitional provisions relating to product stewardship\n\nPart 1—Introduction\n\n1 Definitions\n\n(1) In this Schedule:\n\nnew Act means the Recycling and Waste Reduction Act 2020.\n\nold Act means the Product Stewardship Act 2011, as in force immediately before its repeal.\n\n(2) Expressions used in this Schedule that are defined for the purposes of the new Act, and used in relation to that Act, have the same meaning as in that Act.\n\n(3) Expressions used in this Schedule that were defined for the purposes of the old Act, and used in relation to that Act, have the same meaning as in that Act.\n\n2 Section 7 of the Acts Interpretation Act 1901\n\nThis Schedule does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies in relation to the repeals made by this Act.\n\nPart 2—Accredited voluntary arrangements\n\n3 Continuation of accredited voluntary arrangements\n\nAn arrangement that was an accredited voluntary arrangement in relation to a product under the old Act immediately before its repeal has effect as if:\n\n    (a) it had been accredited under the new Act in relation to the product when it was accredited under the old Act; and\n    (b) its accreditation under the new Act in relation to the product were subject to the conditions to which it was subject under the old Act; and\n    (c) any reference in the arrangement to the old Act were a reference to the new Act; and\n    (d) any reference in the arrangement to a legislative instrument made under the old Act were a reference to a substantially corresponding legislative instrument made under the new Act; and\n    (e) any reference in the arrangement to a particular provision of the old Act or of a legislative instrument made under the old Act were a reference to the substantially corresponding provision (if any) of the new Act or rules.\n\n4 Applications for accreditation of voluntary arrangements made but not finally dealt with before repeal of old Act\n\nAn application, for accreditation of a voluntary arrangement, made but not finally dealt with before the repeal of the old Act has effect (and may be dealt with) under the new Act and the rules as if the application had been made under the new Act and the rules.\n\nPart 3—Co‑regulatory arrangements\n\n5 Notices requiring liable parties to be members of approved co‑regulatory arrangements\n\n(1) A notice given under subsection 18(2) of the old Act has effect as if it had been given under subsection 76(4) of the new Act (when the notice was actually given).\n\n(2) However, if the notice specified a day before the commencement of section 76 of the new Act, the notice has effect as if it specified the day immediately before that section commences.\n\n(3) An application made under subsections 18(4) and (5) of the old Act on which the Minister had not made a decision under subsection 18(6) or (7) of the old Act before the repeal of the old Act has effect as if it had been made under subsections 76(6) and (7) of the new Act.\n\n6 Continuation of approved co‑regulatory arrangements\n\nAn arrangement that was an approved co‑regulatory arrangement in relation to a product under the old Act immediately before its repeal has effect as if:\n\n    (a) it had been approved under the new Act in relation to the product when it was approved under the old Act; and\n    (b) any reference in the arrangement to the old Act were a reference to the new Act; and\n    (c) any reference in the arrangement to a legislative instrument made under the old Act were a reference to a substantially corresponding legislative instrument made under the new Act; and\n    (d) any reference in the arrangement to a particular provision of the old Act or of a legislative instrument made under the old Act were a reference to the substantially corresponding provision (if any) of the new Act or rules.\n\n7 Applications for approval of co‑regulatory arrangements made but not finally dealt with before repeal of old Act\n\nAn application for approval of a co‑regulatory arrangement made, but not finally dealt with, before the repeal of the old Act has effect (and may be dealt with) under the new Act as if the application had been made under the new Act.\n\n8 Continuation of improvement notices\n\n(1) This item applies to an improvement notice given under the old Act if, immediately before the repeal of that Act:\n\n    (a) the period specified in the notice (as affected by any variation) had not ended; and\n    (b) the notice had not been revoked.\n\n(2) The notice has effect as if it had been given under section 88 of the new Act.\n\n9 Audits of approved co‑regulatory arrangements\n\n(1) This item applies if:\n\n    (a) under section 30 of the old Act, the Minister required an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement; and\n    (b) the report of the audit was not given to the Minister before the repeal of that Act.\n\n(2) The requirement has effect as if it were made under paragraph 109(1)(b) of the new Act.\n\n(3) If, for the purposes of subsection 31(3) of the old Act, the Minister approved a person for appointment as an auditor for the audit, the approval has effect as if it were an approval, under section 116 of the new Act, of the person to conduct audits of approved co‑regulatory arrangements.\n\n10 Consents to appointment of replacement administrators of approved co‑regulatory arrangements\n\n(1) This item applies if, before the repeal of the old Act:\n\n    (a) the Minister consented under section 33 of that Act to the appointment of a person to replace the administrator of an approved co‑regulatory arrangement; and\n    (b) the appointment did not occur.\n\n(2) The consent has effect as an approval of the appointment of the person under section 91 of the new Act.\n\n11 Continued effect of the Product Stewardship (Televisions and Computers) Regulations 2011 for 2020‑21 financial year\n\n(1) The Product Stewardship (Televisions and Computers) Regulations 2011, as in force immediately before the repeal of the old Act, continue to have effect in relation to the financial year ending on 30 June 2021 as if they were rules made for the purposes of Part 4 of Chapter 3 of the new Act.\n\n(2) However, the Product Stewardship (Televisions and Computers) Regulations 2011 continue to have effect under subitem (1) as if:\n\n    (a) regulations 1.05 and 2.04 and Part 6 were omitted; and\n    (b) regulations 5.01, 5.02, 5.08, 5.13 and 5.15 did not set out civil penalties; and\n    (c) a reference to a provision of the old Act mentioned in column 1 of an item of the following table were a reference to the provision of the new Act mentioned in column 2 of that item.\n\n```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"3\" style=\"width:343.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>References to provisions</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:148.5pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 1</span><br><span>Provision of the old Act</span></p></td><td style=\"width:148.5pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 2</span><br><span>Provision of the new Act</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:148.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>19(1)</span></p></td><td style=\"width:148.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>77(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:148.5pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>21</span></p></td><td style=\"width:148.5pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>79</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:148.5pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>22(1)</span></p></td><td style=\"width:148.5pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>80(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:148.5pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Paragraph 24(1)(a)</span></p></td><td style=\"width:148.5pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>142</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:148.5pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Paragraph 24(1)(b)</span></p></td><td style=\"width:148.5pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>83</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:148.5pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>24(4)</span></p></td><td style=\"width:148.5pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>83</span></p></td></tr></tbody></table>\n```\n\nNote: Regulations 5.01, 5.02, 5.08, 5.13 and 5.15 of the Product Stewardship (Televisions and Computers) Regulations 2011 set out requirements contravention of which will be punishable as an offence or by a civil penalty because of section 83 or 142 of the new Act.\n\n(3) To avoid doubt, the annual report required by regulation 5.13 of the Product Stewardship (Televisions and Computers) Regulations 2011 for the financial year ending on 30 June 2021 must be given to the Minister by 30 October 2021.\n\nNote: Regulation 5.15 of the Product Stewardship (Televisions and Computers) Regulations 2011 requires the audit report for that financial year to be given at the same time as the annual report.\n\n(4) The Product Stewardship (Televisions and Computers) Regulations 2011, as they have effect under subitem (1), are repealed at the start of 31 October 2021.\n\nPart 4—Minister’s priority list\n\n12 Products listed under section 108A of the old Act\n\n(1) Subparagraphs 77(3)(c)(i) and 93(1)(d)(i) of the new Act have effect as if a product included in the list (the old list) most recently published under section 108A of the old Act before the repeal of the old Act had been notified by being included in a Minister’s priority list when the old list was published.\n\n(2) Despite paragraphs 67(1)(c) and (d) of the new Act, the first Minister’s priority list published before the end of the first financial year to end after the commencement of those paragraphs need not include recommendations for actions and times relating to products that were included in the old list.\n\nPart 5—Compliance and enforcement\n\n13 Inspectors continue as authorised officer\n\n(1) This item applies to a person who:\n\n    (a) was an inspector under the old Act immediately before its repeal; and\n    (b) at the time of the repeal is an officer or employee of the Commonwealth or a Commonwealth authority.\n\n(2) The new Act applies as if the person had been authorised to be an authorised officer under subsection 125(1) of that Act immediately after that repeal.\n\n14 Publicising offences, contraventions and decisions relating to old Act\n\nSection 122 of the new Act applies as if it permitted the Minister to publicise anything connected with the old Act that section 60 of the old Act permitted the Minister administering the old Act to publicise.\n\n15 Review of reviewable decisions made under old Act\n\n(1) Part 6 of Chapter 4 of the new Act applies to:\n\n    (a) a decision (the original decision) that, immediately before the repeal of the old Act, was a reviewable decision under that Act made under a particular provision (the original provision) of that Act; and\n    (b) a person who, immediately before that repeal, was a person affected by the decision under that Act.\n\n(2) That Part applies to the original decision and the person as if they were respectively a reviewable decision made (when the original decision was made) under a provision of the new Act that corresponds to the original provision and a person affected by the reviewable decision under that Act.\n\n(3) If, before the repeal of the old Act, an application was made under section 95 of the old Act for internal review of the original decision, and a decision was not made on that internal review, subsections 153(3) and (4) of the new Act apply to the application as if it had been made under section 153 of the new Act.\n\n(4) Section 154 of the new Act applies to an internal review decision made by the Minister under subsection 95(4) of the old Act as if it were an internal review decision made by the Minister under subsection 153(4) of the new Act when the Minister made the decision under subsection 95(4) of the old Act.\n\n(5) This item does not apply Part 6 of Chapter 4 of the new Act so as to:\n\n    (a) extend the time within which an application may be made for review of a decision; or\n    (b) provide for internal review, under section 153 of that Act, of a decision that has been the subject of:\n    (i) an internal review decision made under section 95 of the old Act; or\n    (ii) an application to the Administrative Appeals Tribunal; or\n    (c) provide for an application to the Administrative Appeals Tribunal for review of a decision that has previously been the subject of such an application.\n\nPart 6—Administration\n\n16 Protection, use and disclosure of information obtained under the old Act\n\nPart 5 of Chapter 4 of the new Act applies as if in that Part the expression “this Act” included a reference to the old Act and regulations made for the purposes of the old Act.\n\n17 Annual report for 2020‑21 financial year\n\nThe report under section 184 of the new Act for the financial year ending on 30 June 2021 must also report on the operation of the old Act and regulations made for the purposes of the old Act (as those regulations apply because of the old Act or this Act) during the financial year.\n\nSchedule 3—Transitional rules\n\n1 Transitional rules\n\n(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:\n\n    (a) the amendments or repeals made by this Act; or\n    (b) the enactment of this Act or the Recycling and Waste Reduction Act 2020 (the new Act).\n\n(2) Without limiting subitem (1), rules made under this item before 1 January 2023 may provide that provisions of this Act, the new Act, or an instrument made under that Act, have effect with any modifications prescribed by the rules. Those provisions then have effect (but not after 30 June 2023) as if they were so modified.\n\n(3) To avoid doubt, the rules may not do the following:\n\n    (a) create an offence or civil penalty;\n    (b) provide powers of:\n    (i) arrest or detention; or\n    (ii) entry, search or seizure;\n    (c) impose a tax;\n    (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n    (e) directly amend the text of this Act or the new Act.\n\n(4) This Act (other than subitem (3)) does not limit the rules that may be made.\n\nSchedule 4—Contingent consequential amendments\n\nRecycling and Waste Reduction Act 2020\n\n1 Section 10 (paragraph (b) of the definition of relevant court)\n\nRepeal the paragraph, substitute:\n\n    (b) the Federal Circuit and Family Court of Australia (Division 2); or","sortOrder":2}],"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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Act performs the narrow, implementation‑focused function of repealing the Product Stewardship Act 2011 and providing consequential and transitional measures to bring existing arrangements, decisions and regulations across to the Recycling and Waste Reduction Act 2020. It does not materially expand the statutory reach beyond that implementation purpose. The main additional discretion it grants is a time‑limited power for the Minister to make transitional rules (Schedule 3), which is an implementation tool rather than a substantive policy enlargement; the Act also places express limits on that delegated power."},"complexity_factors":["4 schedules with multiple Parts (Schedules 1–4)","Extensive cross‑referencing between the old Act (Product Stewardship Act 2011) and the new Act (Recycling and Waste Reduction Act 2020)","Multiple categories of transitional measures (accredited voluntary arrangements, co‑regulatory arrangements, improvement notices, audits, consents, pending applications)","Detailed mapping table for regulatory provisions (Product Stewardship (Televisions and Computers) Regulations 2011 to new Act provisions)","Time‑limited delegated rule‑making power with a set of express prohibitions (Schedule 3)","Conditional and contingent commencements linked to commencement of specific Chapters of the new Act and another Act (Federal Circuit and Family Court of Australia Act 2021)","Preservation of review rights with specific carve‑outs (does not extend limitation periods or reopen matters)","Mixture of substantive preservations (e.g. approvals) and procedural novelties (e.g. publication powers), increasing interpretive load"],"plain_english_summary":"**What this Act does (mechanically)**\n\n- Repeals the Product Stewardship Act 2011 and provides the legal plumbing needed to move existing product‑stewardship arrangements, decisions and regulatory materials across into the new Recycling and Waste Reduction Act 2020 (the “new Act”). (Schedule 1; Schedule 2 generally.)\n\n- Treats existing accredited voluntary arrangements and approved co‑regulatory arrangements as if they had been accredited or approved under the new Act, preserves their conditions, and converts references in those arrangements from the old Act to the corresponding provisions of the new Act or its rules. (Schedule 2, items 3 and 6.)\n\n- Allows applications that were pending under the old Act (for accreditation or approval) to be decided under the new Act and rules as if they had been made under the new Act. (Schedule 2, items 4 and 7.)\n\n- Preserves other in‑flight regulatory steps: current improvement notices, audit requirements, ministerial consents for replacement administrators, and existing approvals of auditors are continued and mapped into the new Act. (Schedule 2, items 8–11.)\n\n- Temporarily keeps the Product Stewardship (Televisions and Computers) Regulations 2011 in force for the 2020–21 financial year with specific modifications and mapping to the new Act, and then repeals those regulations at the end of 30 October 2021. (Schedule 2, item 11.)\n\n- Treats inspectors who were employed by the Commonwealth and who were inspectors under the old Act as authorised officers under the new Act. (Schedule 2, item 13.)\n\n- Preserves review rights in a mapped form: decisions that were reviewable under the old Act remain reviewable under the corresponding parts of the new Act, but the Act does not extend statutory time limits or allow re‑review where a matter has already been reviewed. (Schedule 2, item 15.)\n\n- Requires the first annual report under the new Act for 2020–21 to also report on the operation of the old Act and its regulations during that year. (Schedule 2, item 17.)\n\n- Gives the Minister a limited power to make transitional rules (by legislative instrument) to deal with matters arising from the repeal and replacement and to modify the operation of provisions for transitional purposes up to 30 June 2023, subject to express prohibitions (the rules cannot create offences or civil penalties, confer arrest/search/detention powers, impose a tax, appropriate funds or directly amend the text of either Act). (Schedule 3.)\n\n- Makes a consequential definition change to the meaning of “relevant court” in the new Act to refer to the Federal Circuit and Family Court of Australia (Division 2). (Schedule 4, item 1.)\n\n- Sets out when different parts of this consequential and transitional Act commence, and ties some schedules to commencement of specific Chapters of the new Act and to commencement of other Commonwealth legislation. (s 2 and the commencement table.)\n\n\n**Who is affected**\n\n- Organisations that operated accredited voluntary arrangements or approved co‑regulatory arrangements under the Product Stewardship Act 2011 (manufacturers, industry stewardship schemes, appointed administrators). Their current accreditations/approvals and conditions continue, but will be regarded as operating under the new Act (Schedule 2, items 3 and 6).\n\n- Applicants with pending accreditation/approval matters under the old Act — their applications move over to the new Act framework (Schedule 2, items 4 and 7).\n\n- Administrators, auditors and replacement appointees who were operating under authorities or approvals granted under the old Act; those authorities are carried over (Schedule 2, items 9 and 10).\n\n- People and businesses subject to the Product Stewardship (Televisions and Computers) Regulations 2011: those regulations remain in effect for the 2020–21 financial year with specific changes and mapping, and require an annual report and audit for that year by the specified dates (Schedule 2, item 11).\n\n- Commonwealth officers who were inspectors under the old Act become authorised officers for enforcement under the new Act (Schedule 2, item 13).\n\n- Ministers and the Department responsible for administering the new Act gain temporary rule‑making discretion to smooth the transition (Schedule 3).\n\n\n**Why it matters (practical effects and implementation risks)**\n\n- Continuity of regulatory status: the Act prevents administrative and legal gaps by treating existing schemes, approvals, audits and notices as if they were made under the new Act (Schedule 2, items 3, 6–11). That reduces immediate compliance disruption for regulated parties but shifts their legal footing to the new Act.\n\n- Limited executive discretion for transition: the Minister may make transitional legislative instruments that can modify how provisions operate for transitional purposes (Schedule 3(1)–(2)). This speeds practical implementation but gives the executive scope to tailor application of the law temporarily. The Act explicitly constrains that power: the rules cannot create offences/civil penalties, confer coercive powers (arrest/entry), impose taxes, appropriate funding, or directly amend the Acts (Schedule 3(3)). Those limits reduce some legal‑authority and rights‑of‑freedom risks but leave broad scope for administrative modification until mid‑2023.\n\n- Preservation of enforcement and penalties: some regulatory requirements carried forward will be enforceable under corresponding new Act provisions (Schedule 2, item 11; note explaining that certain regulation breaches will be punishable because of sections of the new Act). Regulated entities should review how civil penalties or offence provisions map across to the new Act.\n\n- Administrative overhead and compliance costs: administrators, scheme operators and applicants must reconcile existing documents, conditions and references from the old Act to the new Act and may need to update internal procedures, reporting and audit arrangements to align with the mapped provisions (Schedule 2 items 3–11). The Minister’s transitional rules may change practical requirements temporarily; that creates implementation uncertainty for the period rules may operate.\n\n- Review and legal rights: existing reviewable decisions remain reviewable under the new Act (Schedule 2, item 15), but time limits are not extended and prior reviews cannot be re‑litigated; parties must be alert to preserved limitation periods and existing Administrative Appeals Tribunal processes.\n\n\n**Concrete mechanics to note (where to look)**\n\n- Repeal of the Product Stewardship Act 2011: Schedule 1.\n- Continuation and mapping of voluntary/co‑regulatory arrangements and pending applications: Schedule 2, items 3–7.\n- Continued effect (with modification) of specific regulations for televisions and computers for 2020–21 and final repeal date: Schedule 2, item 11.\n- Inspectors to authorised officers and publication powers: Schedule 2, items 13–14.\n- Review rights and limits: Schedule 2, item 15.\n- Minister’s transitional rule‑making power and its express limits: Schedule 3.\n- Consequential amendment to definition of relevant court: Schedule 4, item 1.\n\n\n**Source’s stated purpose and trade‑offs**\n\n- The Act’s explicit purpose is consequential and transitional: to remove the old Act and ensure existing regulatory relationships, processes and legal rights continue sensibly under the new legal framework. That purpose is achieved by mapping, saving and transitional provisions (Schedules 1–3). The trade‑offs are between legal certainty (continuity) and administrative discretion (broad, time‑limited transitional rules). Who pays: regulated entities bear the primary compliance and transition costs; the Commonwealth administers the transition and gains delegated rule‑making ability in a limited scope (Schedule 3). Who decides: the Minister and the administering department decide how to apply transitional modifications via legislative instruments, within the statutory prohibitions.\n\n"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This legislation remains tightly focused on its original purpose as a consequential and transitional provisions Act. It does exactly what its title suggests: it manages the technical transition from the Product Stewardship Act 2011 to the Recycling and Waste Reduction Act 2020. The scope has not expanded beyond this housekeeping function."},"complexity_factors":["Multiple contingent commencement dates tied to other legislation (the new Recycling and Waste Reduction Act 2020 and the Federal Circuit and Family Court of Australia Act 2021)","Extensive cross-referencing between the old Act (Product Stewardship Act 2011) and the new Act (Recycling and Waste Reduction Act 2020)","Detailed mapping tables converting specific section references from old Act to new Act (e.g., subsection 19(1) becomes subsection 77(1))","Nested conditional provisions for transitional arrangements (e.g., item 11 with subitems containing multiple modifications to regulations)","Preservation of multiple regulatory instruments and legal statuses (accredited arrangements, approved arrangements, improvement notices, inspector appointments) with specific transformation rules","Temporal limitations on transitional rules (expiring 30 June 2023) and specific financial year carve-outs (2020-21)","Explicit exclusions and limitations on rule-making powers (subitem 1(3) of Schedule 3 lists 5 specific prohibitions)"],"plain_english_summary":"This Act is a 'clean-up' law that helps Australia switch from old recycling rules to new ones without causing chaos for businesses and government.\n\n**What it does:**\n- **Repeals the old law**: It completely scraps the *Product Stewardship Act 2011* (the old rules about making companies responsible for their products after they're sold).\n- **Keeps things running smoothly**: It ensures that any voluntary agreements, co-regulatory arrangements, improvement notices, and pending applications made under the old law continue to work under the new *Recycling and Waste Reduction Act 2020*.\n- **Updates references**: It changes any mentions of the old Act in existing documents to point to the new Act instead.\n- **Handles the TV and computer recycling scheme**: Special rules keep the existing regulations for recycling televisions and computers alive for one more financial year (2020-21), with some technical adjustments.\n- **Protects enforcement continuity**: Inspectors under the old law become 'authorised officers' under the new law, and any ongoing investigations or legal reviews continue under the new system.\n- **Allows for flexible transitional rules**: The Minister can make temporary rules to fix any unexpected problems during the switch-over, but cannot create new crimes, taxes, or change the actual text of the laws.\n- **Updates court references**: It changes references to the old Federal Circuit Court to the new Federal Circuit and Family Court of Australia (Division 2).\n\n**Who it affects:**\n- Companies that make or import products covered by recycling schemes (especially electronics like TVs and computers)\n- Administrators of approved recycling arrangements\n- Government inspectors and enforcement officers\n- Anyone with pending applications or legal proceedings under the old law\n\n**Why it matters:**\nWithout this Act, the repeal of the 2011 law would have created a legal vacuum—existing agreements would have become invalid, pending applications would have been lost, and enforcement actions would have stalled. This ensures the transition to the new recycling framework is seamless."}},"importantCases":[],"_links":{"self":"/api/acts/recycling-and-waste-reduction-consequential-and-transitional-provisions-act-2020","history":"/api/acts/recycling-and-waste-reduction-consequential-and-transitional-provisions-act-2020/history","analysis":"/api/acts/recycling-and-waste-reduction-consequential-and-transitional-provisions-act-2020/analysis","conflicts":"/api/acts/recycling-and-waste-reduction-consequential-and-transitional-provisions-act-2020/conflicts","importantCases":"/api/acts/recycling-and-waste-reduction-consequential-and-transitional-provisions-act-2020/important-cases","documents":"/api/acts/recycling-and-waste-reduction-consequential-and-transitional-provisions-act-2020/documents"}}