This Act creates a regulator‑led product stewardship framework that makes brand owners legally responsible for minimising health and environmental harms across a product’s lifecycle. It requires brand owners to notify first supply, lodge approved action plans, keep records, report annually, and meet stewardship targets; the EPA and the Minister set targets, approve plans, impose financial assurances and can recover costs or impose penalties. It matters because it shifts ongoing compliance costs and operational duties onto brand owners and certified stewardship organisations while giving the regulator wide enforcement and discretionary powers.
This Act creates a regulatory framework for product lifecycle stewardship administered by the Environment Protection Authority, focusing on brand owners and product stewardship organisations. Mechanically the Act does the following.
Enables the regulations to establish product stewardship schemes for specified regulated products, and to prescribe product stewardship requirements and targets for lifecycle stages such as design, manufacture, use, reuse, collection, recycling and disposal, including labelling, traceability and service-point access, and to declare some requirements to be safety requirements, section 8(1)-(5).
Gives the Minister a powers-to-order mechanism to set product stewardship targets by Gazette, subject to override by targets specified in regulations, section 9.
Imposes primary compliance duties on the brand owner of a regulated product to comply with product stewardship requirements, with differentiated maximum penalties for failure to meet safety requirements and other requirements, section 10.
Creates a reporting and record-keeping regime that requires scheme participants, namely brand owners and product stewardship organisations, to prepare, keep and produce records for six years, to notify the regulator prior to first supply, and to provide annual and, for product stewardship organisations, quarterly reports in approved form, sections 11-13.
Authorises the EPA as regulator to publish compliance and performance information about brand owners and product stewardship organisations, section 14, and to keep a public register recording exemptions, convictions and penalty notices, section 54.
Requires, where regulations so provide, action plans from brand owners and product stewardship organisations, makes approval and conditions for action plans an instrument of regulatory control, and prohibits supply of regulated products unless an approved action plan is in effect and complied with (subject to an exception for supply outside the State), sections 15-20.
Current sections
Direct links to the current provisions in Product Lifecycle Responsibility Act 2025.
This Act commences on a day or days to be appointed by proclamation.
3
Objects of Act
3 Objects of Act
3 Objects of Act
(1) The objects of this Act are as follows—
(a) to minimise the impact that products have on human health and the environment, throughout the lifecycle of the products,
(b) to ensure that persons who supply a product are responsible for minimising the potential harm of what is supplied,
(c) to support material circularity through design, production, use, re-use, collection, recycling, reprocessing and end-of-life management,
(d) to promote and support the principles of a circular economy.
(2) In this section—
principles of a circular economy include the following principles—
(a) valuing resources and minimising the use of virgin materials by ensuring materials continue to circulate in the economy in a way that—
(i) minimises the risk of harm to human health and the environment, and
(ii) considers the waste hierarchy,
(b) keeping resources in use and designing out waste, pollution and resource inefficiency, including through innovative systems, technologies and business models,
(c) ecologically sustainable and regenerative management of resources and systems.
(1) The dictionary in Schedule 3 defines words and expressions used in this Act.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) A person supplies a product whether or not—
(a) a fee is charged for the supply of the product, or
(b) the supply of the product is incidental to, or forms part of, the supply of another thing.
5
Extraterritorial application of Act
5 Extraterritorial application of Act
5 Extraterritorial application of Act
(1) If there is an extraterritorial impact, this Act and the regulations apply to—
(a) a person, whether or not the person is outside the State, and
(b) premises, whether or not the premises are outside the State, and
(c) a supplier, whether or not—
(i) the supplier is carrying on a business outside the State, or
(ii) the supplier is a party to a contract made outside the State.
(2) In this section—
extraterritorial impact means a matter or thing, whether it occurs or is located outside the State, that—
(a) affects, or is likely to affect, the environment of the State, or
(b) relates to the supply, or the likely supply, into or within the State of a regulated product, or
(c) relates to a non-compliance matter.
non-compliance matter means a matter or thing that is, or is likely to be, an offence under this Act or the regulations.
Part 2
Product stewardship schemes
Part 2 Product stewardship schemes
Part 2 Product stewardship schemes
Division 1
Preliminary
Division 1 Preliminary
Division 1 Preliminary
6
Meaning of “brand owner”
6 Meaning of “brand owner”
6 Meaning of “brand owner”
(1) In this Act, the brand owner of a product—
(a) is the owner of the product name under which the product is supplied in the State, and
(b) includes a person prescribed by the regulations.
(2) The regulations may prescribe the circumstances in which the following persons are taken to be brand owners in relation to the supply of a particular product—
(a) a person who is a licensee of a product name under which the product is supplied in the State,
(b) a person who is a franchisee under a business arrangement that allows the person to supply the product in the State,
(c) a person who first supplies the product in Australia.
(3) Unless otherwise specified by the regulations, the brand owner of a product is taken to be the brand owner of the packaging material of the product.
(4) The regulations may make provision for or about the following—
(a) whether the brand owner of a product is or is not the brand owner of the packaging material of the product, including in specified circumstances,
(b) the circumstances in which a person is or is not taken to be the brand owner of a product,
(c) the granting of exemptions from this part—
(i) with or without conditions, and
(ii) generally or in specified circumstances or for a specified product.
(5) In this section—
product name includes a trade mark, brand name or trade name, whether or not registered in this or another jurisdiction.
7
Meaning of “supply”
7 Meaning of “supply”
7 Meaning of “supply”
In this part and section 6—
supply also includes the following for a scheme—
(a) make the scheme available or provide the scheme to a person,
(b) an offer to provide the scheme, including advertising the scheme or making other representations with the intention of providing the scheme.
Division 2
Product stewardship schemes
Division 2 Product stewardship schemes
Division 2 Product stewardship schemes
8
Product stewardship schemes
8 Product stewardship schemes
8 Product stewardship schemes
(1) The regulations may establish a scheme for the stewardship of the lifecycle of a regulated product (a product stewardship scheme).
(2) The regulations for the scheme may—
(a) prescribe a requirement (a product stewardship requirement) for the stewardship of the lifecycle of a regulated product, including the development, design, creation, production, assembly, supply, use or re-use, collection, recovery, recycling or disposal of the regulated product, and
(b) specify a target about a product stewardship requirement, including a target expressed as a percentage.
(3) Without limiting subsection (2), the regulations may prescribe a product stewardship requirement about the following—
(a) the use or re-use of recycled materials or other materials that will minimise the environmental or resource impact of a product’s creation,
(b) the membership of, or agreements or other arrangements with, product stewardship organisations,
(c) the traceability of materials,
(d) the ability of a product to be recycled, composted, repaired, processed, re-processed or re-used,
(e) the re-use, re-manufacture, recovery, recycling, take-back, use or disposal of a product or resources from a product,
(f) the safe collection, transport or storage of a product or resources from a product,
(g) the prevention, reduction or recovery of litter,
(h) the prevention or reduction of unlawful waste disposal or unsafe product disposal,
(i) the reduction in material used in a product,
(j) the design of a product,
(k) the labelling or packaging of a product,
(l) the maintenance, sharing, repair, refurbishment or upgrade of a product,
(m) the longevity of a product,
(n) the reduction of the impact, including the potential impact, of a product or the lifecycle of a product on resource management or waste management, including in relation to the following—
(i) virgin materials,
(ii) demand for landfill,
(iii) damage to resource recovery and waste infrastructure,
(iv) the environment,
(v) human health,
(o) access to service points for re-use, collection, recovery, recycling or disposal, including hours of operation and the number or geographical spread of service points,
(p) training, education, advertising and public awareness campaigns about a product.
(4) To avoid doubt, the regulations may apply to a product that contains a regulated product.
Example—
If a battery is a regulated product, regulations under this section may apply to an e-bike with an embedded battery.
(5) The regulations may declare that a product stewardship requirement is a safety requirement.
9
Minister may set product stewardship targets
9 Minister may set product stewardship targets
9 Minister may set product stewardship targets
(1) The Minister may, by order published in the Gazette, set a product stewardship target, including a target expressed as a percentage.
(2) The order takes effect—
(a) on the date on which the order is published, or
(b) if a later date is specified in the order—on the later date.
(3) A target specified in the regulations prevails over a target set by order under this section.
(4) The Minister may, by a further order made under this section, vary a target specified in the regulations if the regulations permit the variation of the target.
10
Offence—failure to comply with product stewardship requirement or target
10 Offence—failure to comply with product stewardship requirement or target
10 Offence—failure to comply with product stewardship requirement or target
(1) The brand owner of a regulated product must comply with a product stewardship requirement for the regulated product.
Maximum penalty—
(a) for a failure to comply with a safety requirement—
(i) for an individual—2,000 penalty units and, for a continuing offence, a further 200 penalty units for each day the offence continues, or
(ii) otherwise—8,000 penalty units and, for a continuing offence, a further 800 penalty units for each day the offence continues, or
(b) otherwise—
(i) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues, or
(ii) otherwise—4,000 penalty units and, for a continuing offence, a further 400 penalty units for each day the offence continues.
(2) It is a defence in proceedings for an offence against this section if the defendant establishes that, at the time of the failure to comply—
(a) an approved action plan for the product stewardship requirement applied in relation to the defendant, and
(b) the defendant complied with the approved action plan and the conditions, if any, imposed by the regulator on the approved action plan.
(3) To the extent that an approved action plan relates to a brand owner’s compliance with a product stewardship requirement, a failure to comply with the plan is evidence of a failure to comply with this section.
(4) In this section—
product stewardship requirement includes a product stewardship target.
11
Record keeping requirements
11 Record keeping requirements
11 Record keeping requirements
(1) This section applies to the following (scheme participants)—
(a) a brand owner,
(b) a product stewardship organisation.
(2) A scheme participant must—
(a) prepare records for each financial year in accordance with this section, and
(b) keep the records for at least 6 years following the financial year to which the records relate, and
(c) make the records available for inspection and copying by an authorised officer on request.
Maximum penalty—
(a) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues, or
(b) otherwise—4,000 penalty units and, for a continuing offence, a further 400 penalty units for each day the offence continues.
(3) Records prepared under this section must include the information prescribed by the regulations, if any.
(4) The regulator may, by written notice to a scheme participant, direct the scheme participant to, within a specified period—
(a) arrange an independent audit of the records to be carried out by an auditor specified by the regulator, and
(b) give the auditor’s report to the regulator.
(5) A scheme participant must, within the specified period, comply with a direction given under this section.
Maximum penalty—
(a) for an individual—250 penalty units and, for a continuing offence, a further 20 penalty units for each day the offence continues, or
(b) otherwise—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues.
(6) The regulations may specify information to be included in records by reference to the following—
(a) a brand owner,
(b) a regulated product or a substance recovered from a regulated product,
(c) a product stewardship organisation,
(d) an activity,
(e) an industry.
12
Reporting requirements—notification of first supply and annual reports by brand owners
12 Reporting requirements—notification of first supply and annual reports by brand owners
12 Reporting requirements—notification of first supply and annual reports by brand owners
(1) A brand owner must, before first supplying a regulated product, give notice of the proposed supply to the following—
(a) the regulator,
(b) if there is a product stewardship scheme for the regulated product—the product stewardship organisation.
Maximum penalty—
(a) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues, or
(b) otherwise—4,000 penalty units and, for a continuing offence, a further 400 penalty units for each day the offence continues.
(2) A brand owner must give an annual report to the following within 3 months of the end of the financial year—
(a) the regulator,
(b) if there is a product stewardship scheme for the regulated product—the product stewardship organisation.
Maximum penalty—
(a) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues, or
(b) otherwise—4,000 penalty units and, for a continuing offence, a further 400 penalty units for each day the offence continues.
(3) The notice and annual report must—
(a) be given in the form and way approved by the regulator or product stewardship organisation, and
(b) include the information prescribed by the regulations.
(4) Information given to the regulator under this section may be taken into consideration by the regulator and used for this Act.
(5) Without limiting subsection (4), the information is admissible in evidence in a prosecution of the brand owner for an offence against this Act or the regulations, whether or not the information may incriminate the brand owner.
(6) The regulations may prescribe information to be included in an annual report by reference to the following—
(a) a brand owner,
(b) a regulated product or a substance recovered from a regulated product,
(1) A product stewardship organisation must give the following to the regulator—
(a) an annual report within 3 months of the end of the financial year,
(b) a quarterly report within 3 months of the end of each quarter.
Maximum penalty—
(a) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues, or
(b) otherwise—4,000 penalty units and, for a continuing offence, a further 400 penalty units for each day the offence continues.
(2) A report must—
(a) be given in the form and way approved by the regulator, and
(b) include information about the performance of the product stewardship organisation by reference to the performance targets under the stewardship administration agreement, and
(c) include other information prescribed by the regulations.
(3) Information given to the regulator under this section may be taken into consideration by the regulator and used for this Act.
(4) Without limiting subsection (3), the information is admissible in evidence in a prosecution of the product stewardship organisation for an offence against this Act or the regulations, whether or not the information may incriminate the product stewardship organisation.
(5) The regulations may prescribe information to be included in a report by reference to the following—
(a) a brand owner,
(b) a regulated product or a substance recovered from a regulated product,
(c) a product stewardship organisation,
(d) an activity,
(e) an industry.
(6) A product stewardship organisation must publish the annual report on the product stewardship organisation’s website within 3 months of the end of each financial year.
(7) In this section—
quarter means the 3-month period beginning 1 July, 1 October, 1 January or 1 April in each financial year.
14
Regulator and product stewardship organisations may publish certain information
14 Regulator and product stewardship organisations may publish certain information
14 Regulator and product stewardship organisations may publish certain information
(1) The regulator may publish information, including the name of a brand owner and other names by which the brand owner trades, on the regulator’s website if the information relates to—
(a) information given to the regulator by a brand owner under this part, or
(b) information given to the regulator by a product stewardship organisation under this part, or
(c) the brand owner’s compliance or non-compliance with a provision of this part or regulations made under this part, or
(d) the brand owner’s performance, from time to time, against product stewardship requirements and product stewardship targets.
(2) A product stewardship organisation may publish information, including the name of a brand owner and other names by which the brand owner trades, on the product stewardship organisation’s website if the information relates to—
(a) information given to the product stewardship organisation by a brand owner under this part, or
(b) information given by the regulator to the product stewardship organisation under this part, or
(c) the brand owner’s compliance or non-compliance with a provision of this part or regulations made under this part, or
(d) the brand owner’s performance, from time to time, against product stewardship requirements and product stewardship targets.
Division 3
Action plans
Division 3 Action plans
Division 3 Action plans
15
Requirement to prepare action plan—brand owners
15 Requirement to prepare action plan—brand owners
15 Requirement to prepare action plan—brand owners
If required by the regulations, the brand owner of a regulated product must—
(a) prepare an action plan, and
(b) lodge the action plan with the regulator.
Maximum penalty—
(a) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues, or
(b) otherwise—4,000 penalty units and, for a continuing offence, a further 400 penalty units for each day the offence continues.
16
Requirement to prepare action plan—product stewardship organisations
16 Requirement to prepare action plan—product stewardship organisations
16 Requirement to prepare action plan—product stewardship organisations
If required by the regulations, the product stewardship organisation for a regulated product must—
(a) prepare an action plan, and
(b) lodge the action plan with the regulator.
Maximum penalty—
(a) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues, or
(b) otherwise—4,000 penalty units and, for a continuing offence, a further 400 penalty units for each day the offence continues.
17
Making of action plans
17 Making of action plans
17 Making of action plans
(1) An action plan—
(a) must set out how the person who is required to lodge the action plan intends to comply with the provisions of this part for which the action plan is required to be prepared, and
(b) may include indirect actions intended to offset adverse environmental impacts generally or specifically in connection with the regulated product, and
(c) must include the information prescribed by the regulations.
(2) An action plan must be lodged in the form and way approved by the regulator.
(3) The regulator may require the person who lodged the action plan to give further information for the purpose of assessing the action plan.
(4) The regulations may specify the following by reference to a brand owner, product stewardship organisation, regulated product, activity or industry—
(a) the period within which an action plan must be lodged to the regulator,
(b) whether an action plan is required to be prepared for compliance with the following—
(i) product stewardship requirements,
(ii) product stewardship targets,
(iii) record keeping requirements under section 11,
(iv) reporting requirements under sections 12 and 13,
(c) the circumstances in which an action plan is required to be prepared,
(d) the information that must be included in an action plan,
(e) the period within which the action plan must be reviewed.
18
Regulator may approve action plans or require action plans to be amended
18 Regulator may approve action plans or require action plans to be amended
18 Regulator may approve action plans or require action plans to be amended
(1) After receiving an action plan, the regulator may, by written notice to the person who lodged the action plan—
(a) approve the action plan (the approved action plan) with effect from the date specified in the notice, or
(b) direct the person who lodged the action plan to—
(i) amend the action plan, and
(ii) relodge the action plan within the period specified in the notice.
(2) An approved action plan is subject to the conditions, if any, specified by the regulator in a notice under this section or section 20.
(3) A person who lodged an approved action plan may lodge a draft revised or amended action plan with the regulator for approval under this section.
19
Requirement to supply in accordance with approved action plan
19 Requirement to supply in accordance with approved action plan
19 Requirement to supply in accordance with approved action plan
(1) This section applies if the regulations require an action plan to be prepared for a regulated product.
(2) The brand owner of the regulated product must not supply the regulated product unless—
(a) the approved action plan is in effect, and
(b) the supply is in accordance with the approved action plan.
Maximum penalty—
(a) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues, or
(b) otherwise—4,000 penalty units and, for a continuing offence, a further 400 penalty units for each day the offence continues.
(3) This section does not apply to the supply of a regulated product to a location outside of the State.
20
Powers of regulator—action plans
20 Powers of regulator—action plans
20 Powers of regulator—action plans
(1) The regulator may, by written notice to a person who lodged an action plan with the regulator, do the following—
(a) vary or revoke conditions imposed on an approved action plan, including at the request of the person,
(b) impose further conditions on an approved action plan,
(c) withdraw approval of an approved action plan,
(d) direct the person to do one or more of the following within the period specified in the notice—
(i) give further information in relation to an approved action plan,
(ii) review, update or amend an approved action plan and lodge the revised or amended action plan,
(iii) prepare and lodge an action plan in accordance with section 15 or 16, as the case requires, whether or not the person has an approved action plan,
(iv) arrange an independent audit of an action plan or approved action plan to be carried out by an auditor, including an auditor specified or approved by the regulator,
(v) give the auditor’s report to the regulator.
(2) A person must comply with a direction of the regulator given in accordance with this part.
Maximum penalty for subsection (2)—
(a) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues, or
(b) otherwise—4,000 penalty units and, for a continuing offence, a further 400 penalty units for each day the offence continues.
21
Review of certain decisions by regulator
21 Review of certain decisions by regulator
21 Review of certain decisions by regulator
(1) A person may, within 14 days of receiving notice of a reviewable decision, apply to the regulator for an internal review of the decision.
(2) An application for internal review must—
(a) be made in writing and state the grounds of the application, and
(b) comply with other requirements, if any, prescribed by the regulations.
(3) An application for internal review does not operate to stay the reviewable decision unless the regulator directs otherwise.
(4) The regulator is not required to conduct a review if a review of the decision has already been conducted under this section.
(5) In determining the application, the regulator may—
(a) confirm the decision, or
(b) vary the decision, or
(c) revoke the decision.
(6) The regulator must give written notice to the applicant of the determination.
(7) A determination to vary or revoke the reviewable decision takes effect on and from the day written notice of the determination is given to the applicant.
(8) In this section—
reviewable decision means a decision by the regulator—
(a) to refuse to approve an action plan, or
(b) to require an action plan to be amended and relodged under section 18(1)(b), or
(c) to impose a certain condition on an action plan, or
(d) to vary a condition imposed on an action plan, or
(e) to withdraw approval of an action plan, or
(f) to refuse to vary or revoke a condition imposed on an action plan, or
(g) of a kind prescribed by the regulations.
Division 4
Product stewardship organisations
Division 4 Product stewardship organisations
Division 4 Product stewardship organisations
22
Product stewardship administration agreements
22 Product stewardship administration agreements
22 Product stewardship administration agreements
(1) The regulator may enter into a written agreement (a stewardship administration agreement) with a person (a product stewardship organisation) in connection with the management and administration of a product stewardship scheme for one or more regulated products.
(2) The regulator may invite applications for stewardship administration agreements in a way the regulator considers appropriate.
(3) An application for a stewardship administration agreement must be accompanied by the fee prescribed by or determined under the regulations, if any.
(4) In determining whether to enter into a stewardship administration agreement, the regulator—
(a) must consider whether the applicant is a fit and proper person to enter into, and fulfil the obligations imposed by, the agreement, and
(b) must consider whether the stewardship administration agreement adequately deals with the following—
(i) governance and organisational matters, including procedures for decision making and dispute resolution,
(ii) financial arrangements and funding to achieve the outcomes of the agreement,
(iii) assessing the adequacy of the environmental, health and safety policies and practices in relation to the activities undertaken under the agreement,
(iv) monitoring and evaluating the performance of the agreement in achieving the outcomes of the agreement,
(v) managing risk in relation to the operation of the agreement, and
(c) may consider other matters the regulator considers relevant.
(5) The term of a stewardship administration agreement must not be more than 7 years.
(6) In this section—
product stewardship requirement includes a product stewardship target.
23
Product stewardship arrangements
23 Product stewardship arrangements
23 Product stewardship arrangements
A stewardship administration agreement must include provisions requiring the product stewardship organisation to enter into and give effect to arrangements with brand owners (a product stewardship arrangement) requiring the brand owners to pay to the product stewardship organisation fees for the cost of the management, administration and operation of the scheme.
24
Penalties for contravention
24 Penalties for contravention
24 Penalties for contravention
(1) The provisions of a stewardship administration agreement may be enforced by penalty provisions or in another way that the agreement may provide.
(2) A product stewardship organisation that contravenes a provision of a stewardship administration agreement that is enforceable by a penalty provision is liable to pay, as a debt due to the EPA, an amount determined in accordance with the agreement as the penalty for the contravention.
(3) This section, and the provisions of stewardship administration agreements authorised by this section, have effect despite another law.
(4) In this section—
penalty provision means a provision of a stewardship administration agreement that provides for the payment of an amount of penalty for the contravention of a specified provision of the agreement.
25
Monitoring and enforcement of compliance
25 Monitoring and enforcement of compliance
25 Monitoring and enforcement of compliance
(1) A stewardship administration agreement may—
(a) specify the monitoring, reporting and audit requirements to be included in a product stewardship arrangement, and
(b) provide for the exercise of powers and other functions under the Protection of the Environment Operations Act 1997, Chapter 7 by the EPA, and authorised officers appointed by the EPA, in connection with the agreement, and
(c) require a product stewardship arrangement to provide for the exercise of powers and other functions under the chapter by the EPA, and authorised officers appointed by the EPA, in connection with the arrangement, and
(d) specify any other measures to be taken by the product stewardship organisation to whom the agreement applies to ensure that brand owners comply with a product stewardship arrangement.
(2) If a stewardship administration agreement provides, or a product stewardship arrangement provides or is required under a stewardship administration agreement to provide, for the exercise of powers and other functions under the Protection of the Environment Operations Act 1997, Chapter 7 in connection with the agreement or arrangement, the chapter extends to the exercise of powers and other functions by the EPA, and by authorised officers appointed by the EPA, for the following purposes—
(a) determining whether there has been compliance with or a contravention of the agreement or arrangement,
(b) obtaining information or records for purposes connected with the monitoring or audit of the activities of parties to the agreement or arrangement in relation to the performance of the parties’ obligations under the agreement or arrangement.
(3) The provisions of the Protection of the Environment Operations Act 1997, Chapter 7 apply for the purpose as if the responsibilities and functions of the EPA under this Act included the matters referred to in subsection (2).
(4) This section does not affect the exercise of powers or other functions under the Protection of the Environment Operations Act 1997, Chapter 7 in connection with this Act that are authorised to be exercised without reliance on this section.
26
Variation and termination of agreement
26 Variation and termination of agreement
26 Variation and termination of agreement
(1) A stewardship administration agreement may be varied or terminated by agreement in writing between the regulator and the product stewardship organisation.
(2) The regulator may, by written notice given to the product stewardship organisation, vary or terminate a stewardship administration agreement without the consent of the product stewardship organisation—
(a) if satisfied that the product stewardship organisation has failed to meet a performance target under the agreement, or
(b) in other circumstances authorised by the agreement.
(3) Without limiting subsection (2), the regulator may vary a stewardship administration agreement without the consent of the product stewardship organisation to provide for a performance target or other matter required by this part or the regulations to be included in the agreement.
(4) The product stewardship organisation is not entitled to any compensation as a result of the variation or termination of a stewardship administration agreement under subsection (2)(a) or (3).
(5) A provision of a stewardship administration agreement is void to the extent to which it purports to exclude, limit or modify the operation of this section.
(6) The regulations may make further provision about the variation or termination of a stewardship administration agreement.
27
Performance audit
27 Performance audit
27 Performance audit
(1) The regulator may conduct a performance audit of the activities of product a stewardship organisation in relation to the performance of obligations under a stewardship administration agreement.
(2) At the end of the performance audit, the regulator must prepare a report.
(3) If, in the regulator’s opinion, a product stewardship organisation is not complying with the stewardship administration agreement, the regulator may make recommendations in the report on appropriate remedial actions to be taken.
(4) The regulations may make further provision about performance audits under this section.
Part 3
Financial assurances
Part 3 Financial assurances
Part 3 Financial assurances
28
Purpose of part
28 Purpose of part
28 Purpose of part
(1) The purpose of this part is to provide, by imposing conditions on approved action plans, financial assurances to secure or guarantee funding for or towards the carrying out of actions required to meet product stewardship requirements or targets.
(2) A financial assurance must not operate as a penalty for a contravention of this Act, the regulations or the conditions of an approved action plan.
29
Requiring financial assurances
29 Requiring financial assurances
29 Requiring financial assurances
(1) The regulator may, at any time, impose a condition on an approved action plan to require the person who lodged the approved action plan to provide a financial assurance.
(2) The regulator may require a financial assurance to be provided before it approves an action plan.
(3) A financial assurance may be in one or more of the following forms—
(a) a bank guarantee,
(b) a bond,
(c) another form of security the regulator considers appropriate and specifies in the condition.
(4) A condition of an action plan may provide for the procedures under which the financial assurance may be called on or used.
30
Restriction on requiring financial assurance
30 Restriction on requiring financial assurance
30 Restriction on requiring financial assurance
The regulator must not impose a condition on an action plan requiring a financial assurance to be provided unless satisfied the condition is justified considering the following—
(a) the degree of risk of environmental harm, harm to human health or waste management impacts associated with the activities to which the product stewardship requirements and targets apply,
(b) the ongoing financial capacity of the person who lodged the action plan to meet the relevant product stewardship requirements and targets, whether through its action plan or otherwise,
(c) the environmental record of the person who lodged the action plan, including its past compliance with relevant product stewardship requirements and targets,
(d) other matters prescribed by the regulations.
31
Amount of financial assurances
31 Amount of financial assurances
31 Amount of financial assurances
(1) The amount of a financial assurance may be determined by the regulator.
(2) The regulator must not require financial assurances of an amount that is more than the total cost of carrying out the actions required to comply with the product stewardship requirements and targets.
(3) The total cost is the amount that, in the regulator’s opinion, represents a reasonable estimate of—
(a) the total likely costs and expenses that may be incurred by the person who lodged the action plan in carrying out the actions required, and
(b) the total likely costs and expenses of the regulator in directing and supervising the carrying out of the actions.
(4) The regulator may require a person who lodged an action plan to provide an independent assessment of the cost of the relevant actions for which the assurance is required.
32
Guidelines about financial assurances
32 Guidelines about financial assurances
32 Guidelines about financial assurances
The regulations may make provision for or about guidelines to be observed in relation to—
(a) conditions imposed on action plans requiring financial assurances, and
(b) the calculation of the amount of financial assurances.
33
Regulator may carry out certain actions if failure to carry out action
33 Regulator may carry out certain actions if failure to carry out action
33 Regulator may carry out certain actions if failure to carry out action
(1) The regulator may, by the use of contractors, consultants or otherwise, cause an action covered by a financial assurance to be carried out if the person who lodged the action plan fails, in the regulator’s opinion, to carry out the action.
(2) The regulator may enter, or authorise another person to enter, premises to carry out the action.
(3) Anything caused to be carried out under this section is taken to have been carried out by the person who lodged the action plan.
34
Recovery or funding of reasonable costs from financial assurance
34 Recovery or funding of reasonable costs from financial assurance
34 Recovery or funding of reasonable costs from financial assurance
(1) The regulator may recover or fund from the financial assurance the reasonable costs of causing action to be carried out under section 33.
(2) Before recovering or funding reasonable costs from the financial assurance, the regulator must give to the person who lodged the action plan a written notice under this section.
(3) The notice must—
(a) state details of the action to which the costs apply, and
(b) state the amount to be recovered or funded, and
(c) invite the person who lodged the action plan to make written representations to the regulator to show why the amount should not be recovered or funded, and
(d) state the period, being at least 30 days after the notice is given to the person who lodged the action plan, within which representations may be made.
(4) After the end of the period stated in the notice, the regulator must consider written representations made within the period.
(5) If the regulator decides to recover or fund the amount from the financial assurance, the regulator must, as soon as practicable, give written notice to the person who lodged the action plan of its decision and the reasons for the decision.
(6) The regulator must return excess amounts, if any, to the person who lodged the action plan.
(7) If the amount recovered or funded from the financial assurance is not sufficient to cover all reasonable costs and expenses, the regulator may recover the excess from the person who lodged the action plan as a debt in a court of competent jurisdiction.
35
Lapsing of financial assurance
35 Lapsing of financial assurance
35 Lapsing of financial assurance
The requirement to provide financial assurance lapses and no longer binds the person who lodged the action plan if the regulator—
(a) is satisfied the action for which the financial assurance was required has been satisfactorily carried out, and
(b) has given the person written notice of the lapsing of the financial assurance.
36
Liability of regulator, State and others
36 Liability of regulator, State and others
36 Liability of regulator, State and others
The following persons are not liable for anything done or omitted to be done in good faith in carrying out a function or action under this part—
(a) the State,
(b) the Minister,
(c) the regulator,
(d) the members of the Board of the EPA,
(e) a member of staff of the regulator,
(f) a person acting under the direction of, or with the authority of, the Minister or the regulator.
37
Financial assurance not to affect other action
37 Financial assurance not to affect other action
37 Financial assurance not to affect other action
A financial assurance may be called on and used, despite and without affecting—
(a) the liability of the person who lodged the action plan to a penalty for an offence for a contravention to which the assurance relates, and
(b) another action that may be, or is required to be, taken in relation to a contravention or other circumstances to which the assurance relates.
38
Disputes regarding call on or use of financial assurance
38 Disputes regarding call on or use of financial assurance
38 Disputes regarding call on or use of financial assurance
The Court has jurisdiction to determine disputes about calling on or using a financial assurance.
Part 4
General offences
Part 4 General offences
Part 4 General offences
39
Evidence as to state of mind of corporation
39 Evidence as to state of mind of corporation
39 Evidence as to state of mind of corporation
(1) Evidence that a person, while acting in the person’s capacity as an officer, employee or agent of a corporation, had, at a particular time, a particular state of mind, is evidence that the corporation had that state of mind.
(2) In this section—
state of mind, of a person, includes—
(a) the knowledge, intention, opinion, belief or purpose of the person, and
(b) the person’s reasons for the intention, opinion, belief or purpose.
40
Offence—false or misleading information given by brand owner or product stewardship organisation
40 Offence—false or misleading information given by brand owner or product stewardship organisation
40 Offence—false or misleading information given by brand owner or product stewardship organisation
(1) A brand owner or product stewardship organisation must not give, whether by act or omission, information in connection with a matter under Part 2 or 3 that is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—1,000 penalty units, or
(b) otherwise—4,000 penalty units.
(2) In this section—
give includes the following—
(a) print or include in or on a label or packaging material,
(b) fail to correct,
(c) publish on a publicly available website.
41
Ancillary offences
41 Ancillary offences
41 Ancillary offences
A person is guilty of an offence under another provision of this Act or the regulations and is liable, on conviction, to the same penalty applicable to the offence if the person—
(a) aids, abets, counsels or procures another person to commit the offence, or
(b) attempts or conspires to commit the offence.
Part 5
Criminal and other proceedings
Part 5 Criminal and other proceedings
Part 5 Criminal and other proceedings
42
Time within which summary proceedings may be commenced
42 Time within which summary proceedings may be commenced
42 Time within which summary proceedings may be commenced
(1) Proceedings for an offence under this Act or the regulations may be commenced—
(a) for a prescribed offence—within but not later than 3 years after the date on which the offence is alleged to have been committed, or
(b) otherwise—within but not later than 2 years after the date on which the offence is alleged to have been committed.
(2) Proceedings for an offence under this Act or the regulations may also be commenced—
(a) for a prescribed offence—within but not later than 3 years after the date on which evidence of the alleged offence first came to the attention of an authorised officer, or
(b) otherwise—within but not later than 2 years after the date on which evidence of the alleged offence first came to the attention of an authorised officer.
(3) If subsection (2) is relied on, the court attendance notice or summons—
(a) must contain particulars of the date on which evidence of the offence first came to the attention of an authorised officer, and
(b) is not required to contain particulars of the date on which the offence was committed.
(4) The date on which evidence first came to the attention of an authorised officer is the date specified in the court attendance notice or summons unless another date is established.
(5) This section applies only to proceedings to be dealt with summarily.
evidence, of an offence, means evidence of an act or omission constituting the offence.
prescribed offence means an offence arising under Part 2.
43
Regulator may institute proceedings
43 Regulator may institute proceedings
43 Regulator may institute proceedings
(1) Proceedings for an offence against this Act or the regulations may be instituted by the regulator.
(2) Proceedings may also be instituted by a member, an officer or employee of the regulator with the written consent of—
(a) the regulator, or
(b) a member, an officer or employee of the regulator authorised by the regulator for this section.
44
Proof of certain appointments not required
44 Proof of certain appointments not required
44 Proof of certain appointments not required
In proceedings under this Act, no proof is required of the appointment of a member of staff of the regulator unless evidence is given to prove otherwise.
45
Certificate evidence of certain matters
45 Certificate evidence of certain matters
45 Certificate evidence of certain matters
(1) A document signed by a certifier that certifies one or more of the following matters is admissible in proceedings under this Act and is prima facie evidence of the matter certified—
(a) that a relevant instrument, a copy of which is set out in or annexed to a document, was issued, made or given on a specified day,
(b) that a person was or was not, at a specified time or during a specified period, an authorised officer, enforcement officer or a member of staff of the regulator,
(c) that a person was or was not, at a specified time or during a specified period, an enforcement officer,
(d) that an exemption was or was not given under this Act in relation to a specified matter,
(e) that an exemption was or was not, at a specified time or during a specified period, in force or subject to specified conditions,
(f) that a consent necessary for bringing proceedings for an offence arising under this Act or the regulations has been duly given,
(h) that information required to be given to the regulator, or an authorised officer who is a member of staff of the regulator, under this Act, the regulations or the Protection of the Environment Operations Act 1997, Chapter 7 in connection with this Act or the regulations, was or was not received,
(i) that an amount is payable under this Act or the regulations by a specified person and has not been paid,
(j) that a person was served with a notice under this Act or the regulations,
(k) that a specified function of the Minister was delegated to a specified person during a specified period.
(2) In this section—
certifier means—
(a) the regulator, or
(b) an officer designated in writing by the regulator for this section.
relevant instrument means an instrument purported—
(b) to have been signed by the person authorised to issue, make or give the instrument, or by another person acting as delegate or on behalf of the person.
Part 6
Appeals
Part 6 Appeals
Part 6 Appeals
46
Appeals against financial assurance conditions
46 Appeals against financial assurance conditions
46 Appeals against financial assurance conditions
(1) If a financial assurance condition is imposed on an approved action plan, the brand owner or product stewardship organisation subject to the plan may appeal to the Court against the condition.
(2) The brand owner or product stewardship organisation must lodge an appeal within 21 days, or another period prescribed by the regulations, after being notified of the condition.
(3) The lodging of an appeal does not, except to the extent the Court otherwise directs in relation to the appeal, operate to stay the condition appealed against.
(4) In this section—
financial assurance condition means a condition imposed on an approved action plan under section 29.
47
Determination of appeals
47 Determination of appeals
47 Determination of appeals
(1) The Court may hear and determine an appeal made under this Act.
(2) The Court’s decision on an appeal under this Act is final and binding on the appellant and the person or body whose decision or notice is the subject of the appeal.
Part 7
Miscellaneous
Part 7 Miscellaneous
Part 7 Miscellaneous
48
Service of documents
48 Service of documents
48 Service of documents
(1) A document authorised or required by this Act or the regulations to be served on a person may be served in any of the following ways—
(a) for service on an individual—
(i) by personal delivery to the individual, or
(ii) by post to—
(A) the address specified by the individual for service of documents generally or documents of that kind, or
(B) if the individual has not specified an address for service—the residential or business address of the individual last known to the person serving the document, or
(iii) if the individual’s address for service includes a document exchange address in New South Wales—by leaving a copy of the document, addressed to the individual, at the document exchange in accordance with the usual arrangements for the exchange, or
(iv) by leaving a copy of the document, addressed to the individual—
(A) at the address specified by the individual for service of documents generally or documents of that kind, or
(B) if the individual has not specified an address for service—at the residential or business address of the individual last known to the person serving the document, or
(v) if the individual has consented, whether explicitly or impliedly, to service of documents generally or documents of that kind by electronic communication—by electronic communication, or
Examples of impliedly consenting to service of documents by electronic communication—
previously using email to correspond with the EPA or including the individual’s email address on applications made, or other documents given, to the EPA
(vi) in another way authorised by the regulations for the service of documents generally or documents of that kind,
(b) for service on another person—
(i) by post to—
(A) the address specified by the person for service of documents generally or documents of that kind, or
(B) if the person has not specified an address for service—the business address of the person last known to the person serving the document, or
(ii) by leaving a copy of the document, addressed to the person—
(A) at the address specified by the person for service of documents generally or documents of that kind, or
(B) if the person has not specified an address for service—at the business address of the person last known to the person serving the document, or
(iii) if the person’s address for service includes a document exchange address in New South Wales—by leaving a copy of the document, addressed to the person, at the document exchange in accordance with the usual arrangements for the exchange, or
(iv) if the person has consented, whether explicitly or impliedly, to service of documents generally or documents of that kind by electronic communication—by electronic communication, or
Examples of impliedly consenting to service of documents by electronic communication—
previously using email to correspond with the EPA or including the person’s email address on applications made, or other documents given, to the EPA
(v) in another way authorised by the regulations for the service of documents generally or documents of that kind.
(2) Nothing in this section affects the operation of another law, including the rules of a court, authorising a document to be served on a person in another way.
(1) A notice given under this Act or the regulations that specifies a time by which, or period within which, the notice must be complied with continues to have effect until the notice is complied with even though the time has passed or the period has expired.
(2) A notice that does not specify a time by which, or period within which, the notice must be complied with continues to have effect until the notice is complied with.
(3) This section does not apply to the extent a requirement under a notice is revoked.
(4) Nothing in this section affects the powers of the regulator in relation to the enforcement of a notice.
50
Regulator may grant exemptions
50 Regulator may grant exemptions
50 Regulator may grant exemptions
(1) The regulator may grant an exemption under this section from specified provisions of this Act or the regulations, whether generally or in specified circumstances.
(2) The regulator may grant an exemption for a person by reference to the following—
(a) premises,
(b) a product,
(c) another matter or thing.
(3) The regulator may grant an exemption—
(a) on its own initiative, or
(b) on the application of a person to whom the exemption applies.
(4) An application under this section must—
(a) be in the approved form, and
(b) be accompanied by the fee, if any, determined by the regulator, and
(c) be accompanied by information, documents or evidence the regulator requires for the purpose of determining whether the exemption should be granted.
(5) An exemption granted under this section is effected as follows—
(a) for an exemption granted to specified persons only—by notice published in the Gazette or by written notice given to the persons,
(b) otherwise—by notice published in the Gazette.
(6) An exemption granted under this section takes effect—
(a) on the date on which the notice is published or given in accordance with this section, or
(b) if a later date is specified in the notice—on the later date.
(7) An exemption granted under this section may be unconditional or may be subject to conditions specified in the notice.
(8) The regulator may vary or revoke an exemption granted under this section by a further notice published or given in accordance with this section.
51
Delegation
51 Delegation
51 Delegation
The Minister may delegate the exercise of a function of the Minister under this Act or the regulations, other than this power of delegation, to—
(a) a member of staff of the regulator, or
(b) a person authorised for this section by the regulations.
52
Personal liability
52 Personal liability
52 Personal liability
(1) A protected person is not personally subject to liability for anything done—
(a) in good faith, and
(b) for the purpose of exercising a function under this Act.
(2) The liability instead attaches to the Crown.
(3) In this section—
done includes omitted to be done.
liability means civil liability and includes action, claim or demand.
protected person means—
(a) the Minister, or
(b) a member of staff of the regulator, or
(c) an authorised officer, or
(d) an enforcement officer, or
(e) a person acting under the direction of, or with the authority of, the Minister or the regulator.
53
Fees
53 Fees
53 Fees
(1) A fee or other charge payable to the regulator under this Act or the regulations may be recovered by the regulator as a debt due to the Crown in a court of competent jurisdiction.
(2) The regulator may refund or waive the whole or a part of a fee or other charge payable to the regulator under this Act or the regulations.
54
Public register
54 Public register
54 Public register
(1) The regulator must keep a public register in accordance with this section.
(2) The regulator must record the following information in the register—
(a) details of exemptions granted by the regulator under this Act,
(b) details of convictions for prosecutions initiated by the regulator under this Act,
(c) details of penalty notices issued under this Act or the regulations,
(d) other details or information prescribed by the regulations.
(3) The regulator may record the name of an individual or business in the register, including a name under which an individual or business trades.
(4) The regulator may remove exemptions that are no longer in force from the register.
(5) The register may be kept only in electronic form.
(6) An extract of the register may be made available on request by a person.
(7) The regulations may specify the following—
(a) the means by which the register may be inspected,
(b) when copies may be obtained,
(c) fees for the inspection of the register,
(d) fees for copies of parts of the register,
(e) that the register, or a part of the register, may be made publicly available.
(8) In this section—
details, of a matter, means—
(a) particulars of the matter, or
(b) a copy of the matter, or
(c) an electronic or other reproduction of the matter.
55
Consultation requirements
55 Consultation requirements
55 Consultation requirements
(1) This section applies to the making of a regulation that contains a provision prescribing a regulated product (a relevant provision).
(2) This section does not apply to—
(a) the remake of a regulation, or
(b) the making of a regulation that repeals or amends a relevant provision.
(3) Before recommending the making of the regulation by the Governor, the Minister must take reasonable steps—
(a) to publicise, for at least 8 weeks, an explanation of the intended effect of the relevant provision, and
(b) to seek and consider submissions from the public on the matter.
(4) The regulation must not commence earlier than 12 months after the regulation is published.
(5) The Minister may dispense with a requirement in subsection (3) or (4) if satisfied that—
(a) dispensing with the requirement is in the public interest, or
(b) the making of the regulation is urgent.
(6) In this section—
published means published on the NSW legislation website.
56
Act to bind Crown
56 Act to bind Crown
56 Act to bind Crown
This Act binds the Crown in right of New South Wales and, to the extent the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
57
Regulations
57 Regulations
57 Regulations
(1) The Governor may make regulations about a matter that is—
(a) required or permitted by this Act to be prescribed, or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, the regulations may make provision about the following—
(a) an accreditation scheme or other scheme for the purpose of approving auditors,
(b) requiring reports by brand owners and product stewardship organisations to be prepared, given to the regulator or made publicly available,
(c) requiring or allowing information and records required to be given or kept under this Act to be given or kept in electronic form,
(d) requiring brand owners and product stewardship organisations to notify the regulator of significant events, including the way a notification must be made,
(e) fees and charges in connection with the administration of this Act or the regulations, including the following—
(i) the amount, or the determination of the amount by the regulator, of the fees and charges,
(ii) the time within which the fees and charges must be paid,
(iii) the payment and recovery of the fees and charges.
(3) Without limiting subsection (1), the regulations may make provision about the granting of exemptions, with or without conditions, from specified provisions of this Act or the regulations, whether generally or in specified circumstances for a person by reference to the following—
(a) premises,
(b) a product,
(c) another matter or thing.
(4) Without limiting subsections (1) and (2)(e), the regulations may deal with the following—
(a) fees to accompany notifications to the regulator,
(b) annual fees payable to product stewardship organisations,
(c) fees to accompany the lodgement of action plans to the regulator,
(d) fees related to directions under section 11(4).
(5) The regulations may create offences punishable by a penalty that is no more than—
(a) 200 penalty units for an individual, or
(b) 400 penalty units for a corporation.
(6) The regulations may incorporate by reference, wholly or in part and with or without modification, standards, rules, codes, specifications, methods or another document, as in force at a particular time or from time to time, prescribed or published by an authority or body, whether or not it is a New South Wales authority or body.
58
Review of Act
58 Review of Act
58 Review of Act
(1) The Minister must review this Act to determine whether—
(a) the policy objectives of the Act remain valid, and
(b) the terms of the Act remain appropriate for securing the objectives.
(2) The review must be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review must be tabled in each House of Parliament within 12 months after the review is completed.
Schedule 1
Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
environment means components of the earth, including human-made or modified structures and areas, the following components and interacting natural ecosystems that include the following components—
(a) land, air and water,
(b) a layer of the atmosphere,
(c) organic or inorganic matter and living organisms.
(a) includes the following, but does not include the circumstances excluded by the regulations—
(i) sell, supply, re-supply or distribute the product,
(ii) receive or possess the product for the purpose of supplying it to another person,
(iii) an offer to supply the product, including advertising the product or making other representations with the intention of supplying the product,
(iv) display the product with the intention of supplying the product,
(v) make the product available or give the product to a person,
(vi) other circumstances prescribed by the regulations, and
(b) see section 4(2), and
(c) for section 6 and Part 2—see section 7.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Product Lifecycle Responsibility Act 2025.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Objects of Act
3 Objects of Act
3 Objects of Act
(1) The objects of this Act are as follows—
(a) to minimise the impact that products have on human health and the environment, throughout the lifecycle of the products,
(b) to ensure that persons who supply a product are responsible for minimising the potential harm of what is supplied,
(c) to support material circularity through design, production, use, re-use, collection, recycling, reprocessing and end-of-life management,
(d) to promote and support the principles of a circular economy.
(2) In this section—
principles of a circular economy include the following principles—
(a) valuing resources and minimising the use of virgin materials by ensuring materials continue to circulate in the economy in a way that—
(i) minimises the risk of harm to human health and the environment, and
(ii) considers the waste hierarchy,
(b) keeping resources in use and designing out waste, pollution and resource inefficiency, including through innovative systems, technologies and business models,
(c) ecologically sustainable and regenerative management of resources and systems.
waste hierarchy is a reference to the hierarchy set out in the Waste Avoidance and Resource Recovery Act 2001, section 3(b).
4 Definitions
4 Definitions
4 Definitions
Provides for stewardship administration agreements between the regulator and product stewardship organisations, obliging product stewardship organisations to enter arrangements with brand owners to collect fees to fund scheme administration, and gives the regulator monitoring, audit and termination powers over those agreements, sections 22-27.
Establishes a financial assurance mechanism by which conditions can be imposed on approved action plans, including bank guarantees or bonds, sets limits and process safeguards on amounts, and provides for the regulator to call on assurances and use contractors to carry out actions where the action-plan proponent fails to act, Part 3, sections 28-38.
Creates offences for giving false or misleading information in connection with Parts 2 and 3, section 40, preserves ancillary liability for aiding and conspiring, section 41, and sets time limits and prosecutorial procedures, sections 42-45.
Provides rights of internal review for certain regulator decisions about action plans, section 21, and court appeal rights limited to financial assurance conditions, sections 46-47.
The Act has extraterritorial scope for matters that affect the State environment, supply into the State or non-compliance matters, section 5. It binds the Crown, section 56. The regulations may contain standards by incorporation and may create further offences and fees, section 57. The Act commences by proclamation, section 2.
The stated objects, recorded in the Act, are to minimise lifecycle impacts on health and the environment, allocate responsibility to suppliers, and support material circularity and circular economy principles, section 3(1)-(2). Those policy claims are stated purposes; the statutory mechanics above constitute the instruments intended to achieve those objects, principally through rule‑making, approval processes, reporting and financial assurance measures.
Main concepts
The Act introduces and defines several core concepts that determine who is regulated, how obligations are allocated, what counts as regulated conduct and what instruments the regulator can use.
Regulated product. A regulated product is a product, or part of a product, prescribed by regulation, Schedule 3 definition, and regulations under section 8 may apply to products that merely contain a regulated product, section 8(4). The regulations therefore control the product list; the Act itself does not enumerate products.
Brand owner. The primary duty-bearer is the brand owner, defined as the owner of the product name under which the product is supplied in the State, with regulations able to prescribe additional persons taken to be brand owners such as licensees, franchisees or the person who first supplies the product in Australia, section 6(1)-(2). Packaging material is taken to be the brand owner’s unless the regulations specify otherwise, section 6(3)-(4).
Supply. For Part 2 and the brand owner definitions, supply includes making a scheme available or providing a scheme and offers to provide the scheme, including advertising, section 7. The dictionary expands supply to cover sales, distribution, receiving for supply, displaying with intention to supply and other circumstances, Schedule 3.
Product stewardship requirement and target. Regulations may prescribe product stewardship requirements for lifecycle activities and may include a target, section 8(2)-(3). The Minister may also set targets by order, section 9, and a target in regulations overrides an order, section 9(3).
Action plan and approved action plan. Where regulations require action plans, brand owners and product stewardship organisations must prepare and lodge them, and the regulator approves or requires amendment of plans and may impose conditions, sections 15-18. Supply of regulated products may be prohibited unless an approved action plan is in effect and complied with, section 19.
Product stewardship organisation and stewardship administration agreement. The regulator may enter a stewardship administration agreement with a product stewardship organisation to manage scheme administration, section 22, and those agreements must require arrangements with brand owners to collect fees for scheme costs, section 23. Administration agreements can include monitoring and enforcement steps and may invoke powers under the Protection of the Environment Operations Act 1997, section 25.
Financial assurance. The regulator may impose conditions on approved action plans requiring financial assurance to secure funding for actions required to meet requirements or targets, in forms such as bank guarantees or bonds, subject to limits and procedural safeguards, Part 3 (sections 28-37). The regulator must be satisfied a condition is justified based on risk, financial capacity and environmental record, section 30. The regulator must not require more than the total cost reasonably estimated for carrying out the relevant actions, section 31.
Regulator powers and enforcement instruments. The EPA is the regulator, with the power to publish data, demand audits, require independent audits, enter premises to implement actions under financial assurances, bring prosecutions, and use chapter 7 powers from the Protection of the Environment Operations Act 1997 where a stewardship administration agreement provides for that exercise, sections 14, 11(4), 33, 43, 25(1)-(3).
These concepts are tightly linked; for example, regulations determine the product scope that turns a person into a brand owner under section 6, which in turn triggers the record‑keeping duties in section 11, reporting duties in section 12, and action plan obligations in sections 15-19 if the regulations so require. The Act relies heavily on delegated instruments to define regulated products, targets and detailed obligations, section 8 and section 57.
Who it affects
The Act allocates obligations and rights across several identifiable groups. The statutory definitions and duties specify the parties who will be directly regulated and those who will be engaged in enforcement and administration.
Brand owners. The Act makes brand owners the principal duty-holders. A brand owner is the owner of the product name under which the product is supplied in the State, and the regulations may extend that concept to licensees, franchisees and first suppliers, section 6(1)-(2), Schedule 3. Brand owners must comply with product stewardship requirements and targets (s 10), prepare and lodge action plans when required by regulation (s 15), furnish notices before first supply and annual reports (s 12), and meet record-keeping obligations (s 11). The supply prohibition in section 19 makes compliance with approved action plans a condition of being able to supply within the State where action plans are required.
Product stewardship organisations. These are entities with which the regulator may enter stewardship administration agreements, and they are required to perform administration and management functions under those agreements, section 22. Product stewardship organisations must publish annual reports on their websites and provide annual and quarterly reports to the regulator, section 13(1) and (6). They must enter arrangements with brand owners requiring payment of fees to fund scheme operation, section 23. The administration agreements may impose penalty provisions enforceable as debts payable to the EPA, section 24.
Suppliers more generally. The dictionary defines supplier and supply broadly, capturing sellers, distributors, those receiving products for supply and entities that display or offer products for supply, Schedule 3. The regulations may carve out exclusions, but the Act’s initial scope is broad, section 4(2) cross‑referenced in Schedule 3 supply.
EPA as regulator, authorised officers and enforcement officers. The regulator administers approvals, publishes compliance information, enforces requirements through prosecution and administrative measures, and may exercise or delegate powers under other environment protection legislation, notably chapter 7 of the Protection of the Environment Operations Act 1997, section 25. Schedule 1 transitional provisions take certain EPA authorised officers and enforcement officers into the regime when the Act commences.
The Minister. The Minister has order-making power to set targets under section 9, and delegation power under section 51. The Minister is also the actor required to oversee a five‑year statutory review of the Act, section 58.
Courts and third parties. The Land and Environment Court is given appeal and dispute jurisdiction for specific matters under the Act, with the Court’s role expressly included in Schedule 2 amendments and sections 38, 46-47. The Court can determine disputes about calls on financial assurances, section 38, and hears appeals against financial assurance conditions, sections 46-47.
The Crown and public. The Act binds the Crown, section 56, and includes public consultation requirements before regulations that prescribe a regulated product can commence, section 55. The regulator must keep a public register and may publish names and compliance information, sections 14 and 54, which impacts reputational exposure for businesses.
There are also indirect or de facto affected groups. Retailers, logistics providers and repairers may be drawn into compliance obligations through the brand owner definition and product stewardship arrangements, and consumers may be affected by product design changes, labelling and service-point provisions targeted in section 8(3). The Act’s extraterritorial reach, section 5, means entities outside the State that supply into the State, or manufacture products with likely supply into the State, may fall within the regime where an extraterritorial impact is present.
Key duties and rights
This section identifies the standing duties and available rights created by the Act.
Primary duties
Compliance with product stewardship requirements and targets. The brand owner of a regulated product must comply with product stewardship requirements prescribed by regulation, section 10(1). Product stewardship targets are included within the definition of product stewardship requirement for enforcement purposes, section 34(6) cross‑reference in section 22 and section 10(4) note.
Action plans. If regulations require action plans, the brand owner and product stewardship organisation must prepare and lodge them, sections 15-16. An action plan must set out intended compliance measures, may include indirect offsetting actions, and must include content prescribed by regulation, section 17(1)-(4). The regulator may approve, require amendment or impose conditions on action plans, section 18.
Supply prohibition tied to approved action plan. Where an action plan is required by regulation, the brand owner must not supply the regulated product unless the approved action plan is in effect and the supply is in accordance with it, section 19(2). The prohibition does not apply to supply outside the State, section 19(3).
Record keeping and audit compliance. Scheme participants must prepare annual records, retain them for at least six years and make them available for inspection and copying by authorised officers, section 11(2). The regulator may direct an independent audit and require provision of the auditor’s report, section 11(4)-(5).
Reporting and notification. Brand owners must notify the regulator and, where a product stewardship scheme exists, the product stewardship organisation before first supplying a regulated product, section 12(1); they must provide annual reports to the regulator and to the product stewardship organisation if applicable, section 12(2). Product stewardship organisations must provide an annual and quarterly report to the regulator and publish the annual report on their website, section 13.
Fee obligations to product stewardship organisations. A stewardship administration agreement must require product stewardship organisations to enter arrangements with brand owners requiring brand owners to pay fees to cover management and operation costs of the scheme, section 23.
Rights, defences and procedural protections
Defence of compliance with an approved action plan. In proceedings for an offence against section 10, it is a defence if the defendant establishes that an approved action plan applied, and the defendant complied with that plan and any conditions imposed by the regulator on the plan, section 10(2). Conversely, failure to comply with an approved action plan is evidence of failure under section 10(3).
Internal review of certain regulator decisions. A person may apply for an internal review within 14 days of a reviewable decision, including refusal to approve an action plan, requirement to amend, imposition of conditions, variation or withdrawal of approval, section 21(1)-(5). The internal review does not stay the decision unless the regulator directs otherwise, section 21(3).
Appeal to Court against financial assurance conditions. Where a financial assurance condition is imposed on an approved action plan, the affected brand owner or product stewardship organisation may appeal to the Court within 21 days, section 46. Lodging the appeal does not automatically stay the condition, section 46(3).
Right to make written representations before costs are recovered from a financial assurance. Before the regulator recovers or funds costs from a financial assurance it must provide a written notice containing details of the action, amount, invitation to make written representations, and allow at least a 30-day period for representations, section 34(2)-(3).
Limited judicial review and dispute mechanisms. The Court has jurisdiction to determine disputes about calling on or using a financial assurance, section 38, and to hear appeals under the Act, section 47.
Ancillary and procedural duties
False or misleading information prohibited. Brand owners and product stewardship organisations must not give false or misleading information in connection with Parts 2 or 3, section 40.
Time limits for summary proceedings and prosecutorial initiation. Summary proceedings must be commenced within 2 or 3 years depending on whether the offence is a prescribed offence under Part 2, section 42, and the regulator may institute proceedings, section 43.
Compliance with stewardship administration agreement terms. Product stewardship organisations are contracted to administer schemes and are subject to enforcement and penalty provisions that may be enforceable as debts payable to the EPA, section 24.
Together these duties and rights create a regulatory system where the detail is supplied by subordinate instruments and stewardship agreements, and where compliance is policed through reporting, audits, administrative conditions, financial assurances and criminal and civil enforcement mechanisms.
Penalties and enforcement
The Act combines criminal, civil contract, administrative and reputational enforcement tools.
Criminal and pecuniary penalties
Failure to comply with product stewardship requirements and targets. Section 10 prescribes the principal offence, with graduated maximum penalties. For failure to comply with a safety requirement the maximum is 2,000 penalty units for an individual and 8,000 penalty units for others, with continuing-offence daily liabilities of 200 and 800 penalty units respectively, section 10(1)(a)(i)-(ii). For non-safety requirements the maxima are 1,000 and 4,000 penalty units, with continuing-offence daily liabilities of 100 and 400 penalty units respectively, section 10(1)(b)(i)-(ii). The Act does not state the monetary value of a penalty unit, that is determined elsewhere in law.
Record-keeping and reporting offences. Section 11 prescribes maximum penalties for failure to prepare, keep or make records available, and section 12 and 13 prescribe maximum penalties for failure to give notices and reports. The record-keeping maximums mirror the mid-level scale: 1,000 penalty units for individuals and 4,000 for others, section 11(2).
False or misleading information offence. Section 40 imposes a maximum of 1,000 penalty units for an individual and 4,000 for others for giving false or misleading information in connection with Parts 2 or 3, section 40(1).
Regulations can create additional offences up to specified maxima. Section 57(5) allows regulations to create offences punishable by up to 200 penalty units for an individual or 400 for a corporation.
Contractual penalties and debts
Stewardship administration agreements may include penalty provisions enforceable as contractual debts payable to the EPA, section 24(1)-(2). The Act states that those provisions operate despite other law, section 24(3), and that amounts payable under such penalty provisions are to be treated as amounts payable to the Authority, Schedule 2 amendment to the Protection of the Environment Administration Act, section 34A(3)(b5) in Sch 2.
Administrative enforcement and audits
Audit directions and independent auditors. The regulator may direct a scheme participant to arrange an independent audit of records by an auditor specified by the regulator and to produce the auditor’s report, section 11(4)-(5). Failure to comply is itself an offence with specified penalties, section 11(5).
Stewardship administration agreement monitoring. Agreements may specify monitoring, reporting and audit requirements and provide for the EPA and authorised officers to exercise powers under Chapter 7 of the Protection of the Environment Operations Act 1997 in connection with the agreement, section 25(1)-(3). Where an agreement provides for reliance on those powers the Chapter 7 provisions extend to that exercise, section 25(3).
Regulator powers to vary, revoke or withdraw approvals and to direct remedial action. The regulator may vary or revoke conditions on approved action plans, impose further conditions or withdraw approval, and direct actions such as further information, review, independent audits or relodgement, section 20.
Use of contractors and entry to premises. Under section 33 the regulator may cause actions covered by a financial assurance to be carried out using contractors or otherwise if the action-plan proponent fails to carry them out, and may enter premises or authorise another person to do so, section 33(2).
Procedural safeguards and dispute mechanisms
Notice and representations before calling on financial assurance. The regulator must give written notice stating details of actions and amounts, and allow at least 30 days for written representations, before recovering or funding costs from a financial assurance, section 34(2)-(4).
Court jurisdiction. The Court has jurisdiction to determine disputes about calls on or use of financial assurances, section 38. Appeals against financial assurance conditions are to the Court, section 46, and the Court’s decision on appeals is final, section 47(2).
Internal review of regulator decisions. A 14-day internal review right is available for reviewable decisions concerning action plans, section 21(1)-(6). The internal review does not stay the decision unless the regulator directs otherwise, section 21(3).
Reputational and information-based enforcement
Publication powers. The regulator and product stewardship organisations may publish brand owner names and information on compliance or performance against requirements and targets, sections 14(1)-(2). The regulator must maintain a public register recording exemptions, convictions and penalty notices, section 54(2).
Outcome-based contract enforcement. Stewardship administration agreements can impose contractual penalty provisions enforceable as debts to the EPA, section 24. The regulator may vary or terminate agreements where performance targets are unmet, without compensation in specified cases, section 26(2)-(4).
Time frames and prosecutorial discretion
Time bars for summary proceedings. Summary proceedings must be commenced within specified periods depending on whether the offence is a prescribed offence under Part 2: 3 years for prescribed offences, 2 years otherwise, counted either from the date of the alleged commission or from when evidence first came to an authorised officer’s attention, section 42(1)-(2).
Prosecution initiation. Proceedings may be instituted by the regulator, or by a member, officer or employee with written consent, section 43.
In combination, the Act provides a mix of criminal penalties, contractually enforceable fees and penalties, administrative controls and information publication to induce compliance. Many enforcement levers are delegated to stewardship administration agreements and regulations, and the Act relies on Chapter 7 powers of the Protection of the Environment Operations Act 1997 where those powers are contractually engaged, section 25.
How it interacts with other laws
The Act is designed to operate within existing environmental and administrative law frameworks and expressly links to other statutes.
Protection of the Environment Operations Act 1997 (POEO). The Act imports the Chapter 7 enforcement powers of the POEO Act into stewardship administration agreements and arrangements where those agreements provide for the exercise of those powers, section 25(1)-(3). Where an agreement provides for reliance on those powers, Chapter 7 applies as if the EPA’s responsibilities under this Act included the relevant matters, section 25(3). The Schedule 2 amendments further add references to this Act in provisions of the POEO Act and related statutes, for example extending Chapter applicability, Sch 2 items 1-3.
Waste Avoidance and Resource Recovery Act 2001. The waste hierarchy referenced in the Act’s objects and circular economy principles is the hierarchy set out in the Waste Avoidance and Resource Recovery Act 2001, section 3(b), section 3(2) cross-reference. The Act therefore nests its circularity objectives within the established waste hierarchy regime.
Protection of the Environment Administration Act 1991. Schedule 2 amends section 34A of that Act to include amounts payable under this Act in the EPA Fund, Sch 2 item 2 and 3, making penalties and amounts under stewardship agreements part of the Authority’s financial picture.
Land and Environment Court Act 1979. Schedule 2 amends the Land and Environment Court Act to add appeals under Part 6 of this Act to the Court’s Class 1 jurisdiction and to include proceedings under the Product Lifecycle Responsibility Act among civil enforcement and summary enforcement matters, Sch 2 items 1-4, thereby integrating dispute and appeals pathways into established environmental court structures.
Plastic Reduction and Circular Economy Act 2021. The Schedule 2 amendments remove parts of that Act and migrate consultation steps to section 55 of this Act, Sch 2 Part 2 items 3 and 4 and Schedule 1 transitional provisions items 3-4, so previous consultation steps and dispensations taken under the earlier Act are taken to be taken under this Act, Schedule 1 Part 2 item 3.
Electronic Transactions Act 2000. The Act allows service by electronic communication where consent is given, and defines electronic communication with reference to the Electronic Transactions Act 2000, section 48(1)(a)(v) and (b)(iv), section 48(3).
Incorporation of external standards. The regulations may incorporate standards, codes or other documents by reference, section 57(6), so external technical standards may become enforceable without being restated in the Act.
Interpretation Act 1987 and other interpretive cross references. Section 4(1) notes that the Interpretation Act 1987 contains definitions and other provisions that affect interpretation and application.
Extraterritorial reach. Section 5 gives the Act and regulations extraterritorial application where there is an extraterritorial impact, defined to include matters that affect the State’s environment, supply into and within the State, or non-compliance matters. This interacts with private international law and trade arrangements where supply chains cross borders.
Civil procedure and criminal procedure. The Act specifies time limits for summary proceedings and that section 42 applies despite anything in the Criminal Procedure Act 1986, section 42(6), demonstrating an intended procedural overlay.
Overall interaction is achieved by cross-instrument reliance. The Act uses the EPA and the pre-existing enforcement architecture under POEO for monitoring and enforcement, delegates much substance to regulations and contracts, and embeds consultation and public register obligations into existing administrative structures. Where stewardship administration agreements invite the application of Chapter 7 POEO powers, the practical enforcement toolkit expands to include inspection, information powers and other POEO mechanisms, section 25.
Amendment history
The instrument text includes its own transitional and consequential amendment provisions that modify related statutes. The Act itself commences by proclamation, section 2.
Key amendments and consequential changes recorded in the instrument:
Schedule 2 effects a range of amendments to other legislation. It inserts Part 6 appeals under this Act into the Land and Environment Court Act 1979 Class 1 matters, makes the Act a named instrument for civil enforcement and summary enforcement in the Land and Environment Court Act 1979, and extends the Court’s jurisdiction to cover proceedings under this Act, Schedule 2 items 1-4.
Schedule 2 amends the Plastic Reduction and Circular Economy Act 2021, removing certain parts and migrating consultation requirements, Sch 2 items 2.2 and Part 2 items 1-5. The transitional provisions in Schedule 1 take actions and ministerial dispensations previously taken under the earlier Act as taken under this Act, Schedule 1 Part 2 items 3 and 4.
Schedule 2 inserts references to this Act into the Protection of the Environment Administration Act 1991 and the Protection of the Environment Operations Act 1997, including adding amounts payable under this Act to the EPA Fund and extending Chapter 7 enforcement coverage to matters under this Act, Sch 2 items 2 and 3 and Sch 2 item 3 under the POEA Act and POEO Act amendments.
The Schedule records that amendments are catalogued with an annotation “Am 2025 No 58, Sch 6[6][7]” in the schedule headnote, indicating the legislative amendment instrument and schedule citations internal to the source. The Act text itself is labelled as the Product Lifecycle Responsibility Act 2025, section 1.
Transitional provisions. Schedule 1 allows regulations to contain savings or transitional provisions for up to two years after commencement, with specified constraints, Schedule 1 Part 1 item 1. Schedule 1 Part 2 treats certain consultation actions and authorised officer appointments under the earlier Plastic Reduction and Circular Economy Act as taken under this new Act, and preserves identity cards issued under the earlier regime, Schedule 1 Part 2 items 3-4 and 4.
No earlier case law or judicial decisions are recorded in the statutory text. The Act prescribes a statutory review to be undertaken as soon as possible after five years from the date of assent, with a report to be tabled within 12 months after the review is completed, section 58. That provides a built‑in review point for assessing policy efficacy and statutory design.
Litigation history
The Act text does not include any reported litigation or judicial interpretations. It does however create new pathways for litigation and adjudication, which are documented in the statutory architecture.
Court jurisdiction. The Act gives the Court jurisdiction to determine disputes regarding financial assurance calls and to hear appeals under the Act, sections 38 and 47. Schedule 2 amends the Land and Environment Court Act 1979 to expressly include appeals to the Court under this Act, Sch 2 items 1-3, integrating enforcement litigation into the existing environmental court track.
Internal review and appeal windows. The Act furnishes administrative appeal and review mechanisms intended to precede or accompany judicial review. Internal review of certain regulator decisions is available within 14 days, section 21; appeals to the Court against financial assurance conditions must be lodged within 21 days, section 46.
No cases named. The statutory text contains no case citations and does not reference existing judicial authority other than vesting jurisdiction in the Court. There is therefore no litigation history reported in the source to analyse.
Practitioners should expect future litigation to focus on areas the Act leaves to regulation and discretion, including but not limited to: the scope and validity of regulated product prescriptions; the adequacy and reasonableness of amounts set for financial assurance under sections 30-31 and the regulator’s cost estimates under section 31(3); the lawfulness of conditions imposed on action plans; and the proper exercise of Chapter 7 POEO powers where invoked in stewardship administration agreements, section 25. The Act provides dispute mechanisms, but the precise contours of judicial review and standard of review will depend on subsequent cases.
Gotchas
The Act contains multiple practical traps and discretion points that practitioners should flag when advising clients.
Scope delegated to regulations. The Act delegates the crucial question of which products are regulated, and the content of product stewardship requirements and targets, to regulations, section 8 and section 57. Until regulations are made, the duties remain latent; once regulations are made there may be a 12-month minimum delay to commencement for product-prescribing regulations but the Minister can dispense with consultation or delay in urgent situations, section 55(3)-(5). A regulated product designation can therefore arrive with short lead time where the Minister dispenses with consultation on public interest grounds.
Extraterritorial reach. Section 5 gives extraterritorial effect where an extraterritorial impact exists, including supply into the State or impacts to the State environment. Entities outside the State but supplying into the State, or manufacturing products likely to be supplied in the State, can become regulated persons. This reach is fact-specific and could catch international suppliers unexpectedly.
Broad definition of brand owner. The brand owner is defined by product name ownership, but regulations may deem licensees, franchisees and first suppliers to be brand owners, section 6(1)-(2). Manufacturers, importers and private‑label retailers should confirm whether they will be treated as brand owners. Packaging material is by default treated as the brand owner’s material, section 6(3), potentially broadening obligations to packaging unless regulations specify otherwise.
Action-plan compliance as a defence and as evidence of offence. Compliance with an approved action plan is a defence to an offence under section 10, section 10(2), but failure to comply with an approved action plan is evidence of failure to comply with the section, section 10(3). Approved action plans therefore shift the compliance burden to conformity with the plan and regulator‑imposed conditions.
Financial assurance discretion and exposure. The regulator may impose financial assurance conditions on approved action plans, section 29, but must be satisfied of justification by reference to risk, financial capacity and environmental record, section 30. The amount must not exceed a reasonable estimate of total costs of required actions plus regulator costs, section 31(2)-(3). Nevertheless, the regulator can require an independent assessment at the person’s cost, section 31(4), and can call on and use financial assurances subject to notice and representations, sections 33-34. If assurances are insufficient, the regulator can recover the remainder as a debt in court, section 34(7).
Public disclosure and reputational risk. The regulator and product stewardship organisations may publish brand owners’ names and compliance or non-compliance information, section 14(1)-(2), and the regulator maintains a public register that records convictions and penalty notices, section 54. Publication powers extend to information given to the regulator and product stewardship organisations, potentially creating immediate reputational consequences.
Contractual penalties in stewardship agreements. A stewardship administration agreement may include penalty provisions enforceable as debts to the EPA, section 24. Product stewardship organisations are thus subject to commercial penalties that the EPA can treat as amounts payable and include in the EPA Fund under the Protection of the Environment Administration Act, Sch 2 item 3.
Record retention and audit risk. Scheme participants must keep records for six years and produce them on demand to authorised officers, section 11(2)-(3). The regulator can require independent audits and specify auditors, section 11(4), and other sections allow for regulator-led performance audits of product stewardship organisations, section 27.
Service and notice mechanics. Service of documents can be by various means including electronic communication where the addressee has consented, section 48(1)(a)(v) and (b)(iv), and notices continue in force until complied with even where time limits pass, section 49. Practitioners should ensure service addresses and consent protocols are handled in contracts and regulatory filings.
Penalty magnitude and enforcement interplay. The Act splits penalties for safety requirements and other requirements with very large maxima for corporations, section 10(1). Meanwhile, the regulator may also pursue contractual penalties under stewardship administration agreements and use POEO powers where agreements provide for them, section 25. Multiple enforcement avenues can be applied in parallel, including calling on financial assurances without affecting liability for penalties, section 37.
Time limits for proceedings and evidence admissibility. The Act provides 2 to 3 year time bars for summary proceedings depending on the offence classification and allows commencement based on when evidence first came to an authorised officer’s attention, section 42(1)-(2). Additionally, reporting information provided to the regulator or product stewardship organisations is admissible in prosecutions even if it may incriminate, sections 12(4)-(5) and 13(3)-(4).
These features create a compliance landscape that is highly sensitive to delegated regulation, regulator discretion, contractual terms in stewardship agreements, and prompt administrative engagement. Brand owners and product stewardship organisations should treat the Act as a probabilistic regime where obligations may be triggered by future regulations and where reputational, financial assurance and contract-enforcement exposures can arise even where criminal liability is not pursued.
How to comply
Practical compliance steps for brand owners, product stewardship organisations and advisers, anchored to the statutory provisions, are set out below.
Determine whether the product is a regulated product and who is the brand owner.
Monitor the regulations and Gazette for lists of regulated products and Ministerial orders setting targets, sections 8 and 9.
Establish whether you are the brand owner under section 6, including whether you own the product name, are a licensee or franchisee, or are the first supplier where the regulations so provide, section 6(1)-(2).
If you supply packaging, note that the brand owner is taken to be the brand owner of packaging unless the regulations specify otherwise, section 6(3).
Pre‑supply notification and internal record systems.
Before first supply of a regulated product give notice to the regulator and, if a product stewardship scheme exists for that product, to the product stewardship organisation, section 12(1). Ensure filings are in the form approved by the regulator and include prescribed information, section 12(3).
Implement record-keeping systems that generate records annually and retain them for at least six years, section 11(2). Ensure records capture the information the regulations may prescribe and are available for authorised officer inspection and copying, section 11(3).
Action plans and approvals.
If regulations require an action plan, prepare it to the regulator’s approved form and contents, ensuring it sets out the intended compliance approach and includes any prescribed information, section 17(1)-(3).
Anticipate regulator conditions on approval, and be prepared to amend and relodge plans if directed, sections 18 and 20. Understand that approved action plan compliance is a statutory defence to offences under section 10, section 10(2), but failure to comply with an approved plan is evidence of non‑compliance, section 10(3).
Reporting cadence and governance.
Establish governance to deliver annual reports within three months of the end of the financial year to the regulator and product stewardship organisation where applicable, section 12(2).
If you are a product stewardship organisation, prepare quarterly reports within three months of the end of each quarter and publish an annual report on your website within three months of the end of the financial year, section 13(1) and (6).
Put compliance procedures in place for responding to regulator requests for further information in assessing action plans, section 17(3).
Engage commercially with product stewardship organisations and pricing.
For brand owners, anticipate contractual arrangements with product stewardship organisations that require payment of fees for scheme management and operation, section 23. Factor these fees into pricing and supply contracts.
For product stewardship organisations, ensure stewardship administration agreements with the EPA address governance, financial arrangements, risk management and monitoring as prescribed in section 22(4).
Prepare for audits, independent assessments and financial assurance.
Ensure readiness for independent audits of records, which may be directed by the regulator and require an audit report by a specified auditor, section 11(4).
Where an action plan may attract a financial assurance condition, obtain independent cost assessments to support the calculation of reasonable total costs, and be prepared to provide such assessments if required under section 31(4). Understand the regulator must justify requiring a financial assurance based on risk and capacity, section 30.
Maintain adequate liquidity or access to forms of security such as bank guarantees or bonds as the regulator may specify, section 29(3).
Use procedural rights promptly.
If the regulator issues a reviewable decision about an action plan, apply for internal review within 14 days and state grounds in writing, section 21(1)-(2).
If a financial assurance condition is imposed, consider lodging an appeal in the Court within 21 days, section 46(2), and seek directions about any stay given the lodgement does not automatically suspend the condition, section 46(3).
Manage information risk and public disclosures.
Prepare for public publication of compliance and performance information by the regulator and product stewardship organisations, section 14(1)-(2), and for entries on the regulator’s public register, section 54. Maintain accurate records and legal review of public statements to avoid section 40 false or misleading information liability.
Where filings to the regulator may be used in prosecutions, plan communications with legal privilege and risk in mind, section 12(5) and section 13(4) make information admissible even if it might incriminate.
Contract drafting and supply chain risk allocation.
Include warranties and indemnities in supply contracts addressing who bears obligations if the regulator defines brand owner status in a way that affects parties downstream, section 6 and Schedule 3 definitions.
If you are an intermediary (distributor, licensee, franchisee) seek clarity and if necessary regulatory exemptions under section 50 or regulation to limit exposure.
Regulatory engagement and consultation.
Take part in public consultation required when regulations prescribe a regulated product, as the Minister must publicise an explanation for at least 8 weeks and seek submissions before recommending such a regulation to the Governor, section 55(3). Note the 12‑month minimum delay from publication to commencement, section 55(4), unless the Minister dispenses with the requirement for public interest or urgency, section 55(5).
When negotiating administration agreements, ensure performance targets, funding arrangements and dispute resolution are explicit, and be aware that the regulator may vary or terminate agreements under specified performance failures, section 26.
Ongoing compliance and training.
Develop compliance training and internal controls addressing product design, labelling, traceability and repairability where relevant to product stewardship requirements in section 8(3). Consider product lifecycle design changes to meet potential targets and avoid higher enforcement risk from safety requirements declared under section 8(5).
In short, compliance requires active regulatory monitoring, updated contracting and pricing to account for scheme fees, robust record-keeping and audit readiness, and preparedness to provide financial security where risks justify it. The Act centralises much detail in regulations and stewardship agreements, so ongoing engagement with the EPA and participation in consultations are essential operational steps.
(1) The dictionary in Schedule 3 defines words and expressions used in this Act.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) A person supplies a product whether or not—
(a) a fee is charged for the supply of the product, or
(b) the supply of the product is incidental to, or forms part of, the supply of another thing.
5 Extraterritorial application of Act
5 Extraterritorial application of Act
5 Extraterritorial application of Act
(1) If there is an extraterritorial impact, this Act and the regulations apply to—
(a) a person, whether or not the person is outside the State, and
(b) premises, whether or not the premises are outside the State, and
(c) a supplier, whether or not—
(i) the supplier is carrying on a business outside the State, or
(ii) the supplier is a party to a contract made outside the State.
(2) In this section—
extraterritorial impact means a matter or thing, whether it occurs or is located outside the State, that—
(a) affects, or is likely to affect, the environment of the State, or
(b) relates to the supply, or the likely supply, into or within the State of a regulated product, or
(c) relates to a non-compliance matter.
non-compliance matter means a matter or thing that is, or is likely to be, an offence under this Act or the regulations.
Part 2 Product stewardship schemes
Part 2 Product stewardship schemes
Part 2 Product stewardship schemes
Division 1 Preliminary
Division 1 Preliminary
Division 1 Preliminary
6 Meaning of “brand owner”
6 Meaning of “brand owner”
6 Meaning of “brand owner”
(1) In this Act, the brand owner of a product—
(a) is the owner of the product name under which the product is supplied in the State, and
(b) includes a person prescribed by the regulations.
(2) The regulations may prescribe the circumstances in which the following persons are taken to be brand owners in relation to the supply of a particular product—
(a) a person who is a licensee of a product name under which the product is supplied in the State,
(b) a person who is a franchisee under a business arrangement that allows the person to supply the product in the State,
(c) a person who first supplies the product in Australia.
(3) Unless otherwise specified by the regulations, the brand owner of a product is taken to be the brand owner of the packaging material of the product.
(4) The regulations may make provision for or about the following—
(a) whether the brand owner of a product is or is not the brand owner of the packaging material of the product, including in specified circumstances,
(b) the circumstances in which a person is or is not taken to be the brand owner of a product,
(c) the granting of exemptions from this part—
(i) with or without conditions, and
(ii) generally or in specified circumstances or for a specified product.
(5) In this section—
product name includes a trade mark, brand name or trade name, whether or not registered in this or another jurisdiction.
7 Meaning of “supply”
7 Meaning of “supply”
7 Meaning of “supply”
In this part and section 6—
supply also includes the following for a scheme—
(a) make the scheme available or provide the scheme to a person,
(b) an offer to provide the scheme, including advertising the scheme or making other representations with the intention of providing the scheme.
Division 2 Product stewardship schemes
Division 2 Product stewardship schemes
Division 2 Product stewardship schemes
8 Product stewardship schemes
8 Product stewardship schemes
8 Product stewardship schemes
(1) The regulations may establish a scheme for the stewardship of the lifecycle of a regulated product (a product stewardship scheme).
(2) The regulations for the scheme may—
(a) prescribe a requirement (a product stewardship requirement) for the stewardship of the lifecycle of a regulated product, including the development, design, creation, production, assembly, supply, use or re-use, collection, recovery, recycling or disposal of the regulated product, and
(b) specify a target about a product stewardship requirement, including a target expressed as a percentage.
(3) Without limiting subsection (2), the regulations may prescribe a product stewardship requirement about the following—
(a) the use or re-use of recycled materials or other materials that will minimise the environmental or resource impact of a product’s creation,
(b) the membership of, or agreements or other arrangements with, product stewardship organisations,
(c) the traceability of materials,
(d) the ability of a product to be recycled, composted, repaired, processed, re-processed or re-used,
(e) the re-use, re-manufacture, recovery, recycling, take-back, use or disposal of a product or resources from a product,
(f) the safe collection, transport or storage of a product or resources from a product,
(g) the prevention, reduction or recovery of litter,
(h) the prevention or reduction of unlawful waste disposal or unsafe product disposal,
(i) the reduction in material used in a product,
(j) the design of a product,
(k) the labelling or packaging of a product,
(l) the maintenance, sharing, repair, refurbishment or upgrade of a product,
(m) the longevity of a product,
(n) the reduction of the impact, including the potential impact, of a product or the lifecycle of a product on resource management or waste management, including in relation to the following—
(i) virgin materials,
(ii) demand for landfill,
(iii) damage to resource recovery and waste infrastructure,
(iv) the environment,
(v) human health,
(o) access to service points for re-use, collection, recovery, recycling or disposal, including hours of operation and the number or geographical spread of service points,
(p) training, education, advertising and public awareness campaigns about a product.
(4) To avoid doubt, the regulations may apply to a product that contains a regulated product.
Example—
If a battery is a regulated product, regulations under this section may apply to an e-bike with an embedded battery.
(5) The regulations may declare that a product stewardship requirement is a safety requirement.
9 Minister may set product stewardship targets
9 Minister may set product stewardship targets
9 Minister may set product stewardship targets
(1) The Minister may, by order published in the Gazette, set a product stewardship target, including a target expressed as a percentage.
(2) The order takes effect—
(a) on the date on which the order is published, or
(b) if a later date is specified in the order—on the later date.
(3) A target specified in the regulations prevails over a target set by order under this section.
(4) The Minister may, by a further order made under this section, vary a target specified in the regulations if the regulations permit the variation of the target.
10 Offence—failure to comply with product stewardship requirement or target
10 Offence—failure to comply with product stewardship requirement or target
10 Offence—failure to comply with product stewardship requirement or target
(1) The brand owner of a regulated product must comply with a product stewardship requirement for the regulated product.
Maximum penalty—
(a) for a failure to comply with a safety requirement—
(i) for an individual—2,000 penalty units and, for a continuing offence, a further 200 penalty units for each day the offence continues, or
(ii) otherwise—8,000 penalty units and, for a continuing offence, a further 800 penalty units for each day the offence continues, or
(b) otherwise—
(i) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues, or
(ii) otherwise—4,000 penalty units and, for a continuing offence, a further 400 penalty units for each day the offence continues.
(2) It is a defence in proceedings for an offence against this section if the defendant establishes that, at the time of the failure to comply—
(a) an approved action plan for the product stewardship requirement applied in relation to the defendant, and
(b) the defendant complied with the approved action plan and the conditions, if any, imposed by the regulator on the approved action plan.
(3) To the extent that an approved action plan relates to a brand owner’s compliance with a product stewardship requirement, a failure to comply with the plan is evidence of a failure to comply with this section.
(4) In this section—
product stewardship requirement includes a product stewardship target.
11 Record keeping requirements
11 Record keeping requirements
11 Record keeping requirements
(1) This section applies to the following (scheme participants)—
(a) a brand owner,
(b) a product stewardship organisation.
(2) A scheme participant must—
(a) prepare records for each financial year in accordance with this section, and
(b) keep the records for at least 6 years following the financial year to which the records relate, and
(c) make the records available for inspection and copying by an authorised officer on request.
Maximum penalty—
(a) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues, or
(b) otherwise—4,000 penalty units and, for a continuing offence, a further 400 penalty units for each day the offence continues.
(3) Records prepared under this section must include the information prescribed by the regulations, if any.
(4) The regulator may, by written notice to a scheme participant, direct the scheme participant to, within a specified period—
(a) arrange an independent audit of the records to be carried out by an auditor specified by the regulator, and
(b) give the auditor’s report to the regulator.
(5) A scheme participant must, within the specified period, comply with a direction given under this section.
Maximum penalty—
(a) for an individual—250 penalty units and, for a continuing offence, a further 20 penalty units for each day the offence continues, or
(b) otherwise—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues.
(6) The regulations may specify information to be included in records by reference to the following—
(a) a brand owner,
(b) a regulated product or a substance recovered from a regulated product,
(c) a product stewardship organisation,
(d) an activity,
(e) an industry.
12 Reporting requirements—notification of first supply and annual reports by brand owners
12 Reporting requirements—notification of first supply and annual reports by brand owners
12 Reporting requirements—notification of first supply and annual reports by brand owners
(1) A brand owner must, before first supplying a regulated product, give notice of the proposed supply to the following—
(a) the regulator,
(b) if there is a product stewardship scheme for the regulated product—the product stewardship organisation.
Maximum penalty—
(a) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues, or
(b) otherwise—4,000 penalty units and, for a continuing offence, a further 400 penalty units for each day the offence continues.
(2) A brand owner must give an annual report to the following within 3 months of the end of the financial year—
(a) the regulator,
(b) if there is a product stewardship scheme for the regulated product—the product stewardship organisation.
Maximum penalty—
(a) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues, or
(b) otherwise—4,000 penalty units and, for a continuing offence, a further 400 penalty units for each day the offence continues.
(3) The notice and annual report must—
(a) be given in the form and way approved by the regulator or product stewardship organisation, and
(b) include the information prescribed by the regulations.
(4) Information given to the regulator under this section may be taken into consideration by the regulator and used for this Act.
(5) Without limiting subsection (4), the information is admissible in evidence in a prosecution of the brand owner for an offence against this Act or the regulations, whether or not the information may incriminate the brand owner.
(6) The regulations may prescribe information to be included in an annual report by reference to the following—
(a) a brand owner,
(b) a regulated product or a substance recovered from a regulated product,