Part 1
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Commonwealth act
The Recycling and Waste Reduction Act 2020 establishes a national framework to cut environmental and health harms from waste and products by controlling certain waste exports and making producers more responsible for product lifecycle impacts.
It affects waste exporters, manufacturers, importers, designers, consumers and government agencies — and matters because it pushes product design toward durability and recyclability, enforces compliance with significant penalties, and advances Australia’s circular‑economy and international obligations.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Recycling and Waste Reduction Act 2020.
This Act is the Recycling and Waste Reduction Act 2020.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
<table cellspacing="0" cellpadding="0" style="width:355.55pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>The whole of this Act</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day after this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>16</span><span> </span><span>December 2020</span></p></td></tr></tbody></table>
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
(1) The objects of this Act are as follows: (a) to reduce the impact on human and environmental health of products, waste from products and waste material, including by reducing the amount of greenhouse gases emitted, energy and resources used and water consumed in connection with products, waste from products and waste material; (b) to realise the community and economic benefits of taking responsibility for products, waste from products and waste material; (c) to develop a circular economy that maximises the continued use of products and waste material over their life cycle and accounts for their environmental impacts; (d) to contribute to Australia meeting its international obligations concerning the impact referred to in paragraph (a). (2) These objects are to be achieved by: (a) regulating the export of waste material to promote its management in an environmentally sound way; and (b) encouraging and regulating the reuse, remanufacture, recycling and recovery of products, waste from products and waste material in an environmentally sound way; and (c) encouraging and regulating manufacturers, importers, distributors, designers and other persons to take responsibility for products, including by taking action that relates to: (i) reducing or avoiding generating waste through improvements in product design; and (ii) improving the durability, reparability and reusability of products; and (iii) managing products throughout their life cycle.
In performing functions and exercising powers under this Act, the Minister must take a precautionary approach in relation to protecting human and environmental health.
This Act creates a framework for reducing the impact on human and environmental health of waste material.
Waste material includes any thing that is discarded, rejected or left over from an industrial, commercial, domestic or other activity, and any thing that is surplus to or a by‑product of those activities.
The Minister may, in rules made under this Act, prescribe kinds of waste material. If the Minister does so, the waste material is called regulated waste material and its export may be prohibited by the rules unless certain conditions prescribed by the rules (called prescribed export conditions) are complied with.
Conditions may include a requirement to hold an export licence to export the regulated waste material and to provide the Minister with an export declaration before the regulated waste material is exported.
The Minister may, on application, grant an exemption to people who wish to export regulated waste material from complying with certain requirements imposed by this Act. An exemption remains in force for up to 12 months, and may be granted subject to conditions. An exemption can be revoked.
This Act also creates a framework for reducing the impact on human and environmental health of products and waste from products.
A product can include any thing that is manufactured.
This Act provides for 3 regimes relating to product stewardship, each of which is designed to encourage or require manufacturers, importers, distributors and other persons to take responsibility for products including, for example, through improved product design.
The first regime, called voluntary product stewardship, involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in accordance with such arrangements.
The second regime, called co‑regulatory product stewardship, involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the rules, to be members of co‑regulatory arrangements approved by the Minister. These arrangements must have outcomes, specified in the rules, that are designed to further the objects of this Act.
The third regime, called mandatory product stewardship, enables rules to be made that require specified persons to take, or not to take, specified action in relation to products.
Authorised officers have powers to ensure people are complying with this Act, to investigate non‑compliance and to enforce this Act. Enforcement mechanisms include infringement notices, enforceable undertakings and injunctions.
Auditors can conduct audits in relation to export operations, product stewardship arrangements and the performance of functions and the exercise of powers under this Act.
The rules may require persons who have obligations under this Act to make and retain specified kinds of records.
The Minister has various powers to gather information relating to regulated waste material, product stewardship, the objects of this Act and other matters. The use and disclosure of certain kinds of information is regulated.
Certain decisions under this Act may be reviewed by the Minister and by the Administrative Review Tribunal.
Fees may be charged relating to activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under this Act.
The rules may also make provision in relation to the payment of waste material export charge (which is a tax imposed under related legislation).
(1) This Act binds the Crown in each of its capacities. (2) However, this Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of the Crown.
This Act extends to every external Territory.
This Act extends to acts, omissions, matters and things outside Australia.
This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.
In this Act:
accredited voluntary arrangement: see subsection 70(1).
accrediting authority: see paragraph 70(3)(c).
administrator:
(a) of a voluntary arrangement: see paragraph 71(c); and
(b) of a co‑regulatory arrangement: see paragraph 85(3)(e).
affected: for when a person is affected by a reviewable decision, see section 151.
approved auditor means a person approved under subsection 116(1) to conduct audits.
approved co‑regulatory arrangement: see section 78.
artistic work has the same meaning as in the Copyright Act 1968.
associate: see section 11.
auditor means:
(a) an approved auditor; or
(b) a Commonwealth authorised officer; or
(c) a State or Territory authorised officer.
Australia, when used in a geographical sense, includes the external Territories.
Australian law means a law of the Commonwealth, or of a State or Territory.
authorised government enforcement officer means a Commonwealth authorised officer, or a State or Territory authorised officer, who satisfies the requirements determined under section 129.
authorised officer means a person who is authorised under section 125 to be an authorised officer for the purposes of this Act.
child has a meaning affected by subsection 11(2).
civil penalty order has the same meaning as in the Regulatory Powers Act.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Commonwealth authorised officer means an authorised officer who is an officer or employee of the Commonwealth, or an authority of the Commonwealth.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
constitutional trade or commerce means trade or commerce:
(a) between Australia and a place outside Australia; or
(b) among the States; or
(c) between a State and a Territory; or
(d) between 2 Territories.
conveyance means:
(a) an aircraft; or
(b) a vessel.
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.
distribute includes sell and supply, whether for consideration or not.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
entered for export: see section 12.
expiry date, for an export licence: see subsection 37(4).
export means export from Australia.
export business means a business that carries out export operations in relation to a kind of waste material.
export declaration means a written declaration of an intention to export regulated waste material that complies with section 19.
export licence means an export licence granted under Part 4 of Chapter 2.
export operations: see section 13.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
improvement notice means a notice given under section 88.
intellectual property rights: see section 74.
liable party in relation to a product: see section 77.
life cycle of a product includes:
(a) the time when the product begins to be manufactured; and
(b) the time when the product is waste.
Minister’s priority list: see section 67.
parent has a meaning affected by subsection 11(4).
prescribed export conditions means conditions prescribed by rules made for the purposes of section 18.
prescribed law means:
(a) a law (other than this Act) that is administered by the Minister; or
(b) an Australian law that is prescribed by the rules.
product means a thing (including a substance or mixture of substances) that is:
(a) manufactured; or
(b) prescribed by the rules;
and includes a class of such things.
product return payment: see subsection 92(8).
product stewardship criteria: see section 14.
product stewardship logo: see section 73.
prospective liable party: see subsection 89(1).
protected information: see subsection 148(3).
recover includes recover resources, material or energy from products, waste from products or waste material.
regulated waste material: see section 17.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
related body corporate has same meaning as in the Corporations Act 2001.
relevant Commonwealth liability means:
(a) any of the following that are due and payable:
(i) a fee payable under this Act;
(ii) a charge imposed by the Recycling and Waste Reduction Charges (Customs) Act 2020;
(iii) a charge imposed by the Recycling and Waste Reduction Charges (Excise) Act 2020;
(iv) a charge imposed by the Recycling and Waste Reduction Charges (General) Act 2020; or
(b) penalties for late payment of a fee or charge described in subparagraphs (a)(i) to (iv); or
(c) a pecuniary penalty, or other liability for an amount, imposed by or under a prescribed law.
Note: A relevant Commonwealth liability of a person is taken to have been paid for the purposes of a provision of this Act in certain circumstances (see section 181).
relevant court means:
(a) the Federal Court of Australia; or
(b) the Federal Circuit and Family Court of Australia (Division 2); or
(c) a Supreme Court of a State or Territory.
relevant person, for an audit under Division 4 of Part 2 of Chapter 4, has the meaning given by section 114.
reviewable decision: see section 151.
rules means the rules made under section 188.
scheme: see subsection 89(6).
Secretary means the Secretary of the Department.
State or Territory authorised officer means an authorised officer who is an officer or employee:
(a) of a State or Territory; or
(b) of an authority of a State or Territory.
stepchild has a meaning affected by subsection 11(3).
third party authorised officer means a person who is authorised under subsection 125(5) to be a third party authorised officer.
this Act includes:
(a) the rules; and
(b) the Regulatory Powers Act as it applies in relation to this Act.
trade mark has the same meaning as in the Trade Marks Act 1995.
waste, in relation to a product, means waste associated with the product over the life cycle of the product.
waste material: see section 15.
waste material export charge means a charge imposed under:
(a) section 7 of the Recycling and Waste Reduction Charges (Customs) Act 2020; or
(b) section 7 of the Recycling and Waste Reduction Charges (Excise) Act 2020; or
(c) section 7 of the Recycling and Waste Reduction Charges (General) Act 2020.
(1) Associate of a person (the first person) includes each of the following: (a) a spouse, de facto partner, child (who is at least 18 years old) or parent of the first person; (b) a person not mentioned in paragraph (a) who is or was: (i) directly or indirectly concerned in; or (ii) in a position to control or influence the conduct of; a business or undertaking of: (iii) the first person; or (iv) a corporation of which the first person is an officer or employee, or in which the first person holds shares; (c) a corporation of which the first person, or any of the other persons mentioned in paragraph (a) or (b), is an officer or employee; (d) if the first person is a body corporate—another body corporate that is a related body corporate of the first person. (2) Without limiting who is a child of another person for the purposes of this Act, a person is the child of another person if the person is: (a) a stepchild or adopted child of the other person; or (b) a child of the other person within the meaning of the Family Law Act 1975. (3) Without limiting who is a stepchild of another person for the purposes of this Act, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner. (4) Without limiting who is a parent of another person for the purposes of this Act, a person is the parent of another person if the other person is a child of the person because of the definition of child in subsection (2).
Waste material is entered for export if, in the course of export operations, the waste material is presented to, or information or a document about the waste material is given to: (a) the Minister; or (b) an authorised officer; or (c) another person who is authorised to exercise powers or perform functions under this Act in relation to the waste material; for the purpose of the Minister, authorised officer or other person exercising powers or performing functions under this Act in relation to the waste material.
Export operations means: (a) operations to export waste material; or (b) operations to produce, or prepare, waste material for export; or (c) operations (other than operations referred to in paragraph (a) or (b)) in relation to waste material for export before it is exported.
The product stewardship criteria are satisfied in relation to a product if: (a) the product is sold in more than one State or Territory; and (b) at least one of the following applies in relation to the product: (i) the product contains hazardous substances; (ii) there is the potential to significantly increase the conservation of materials used in the product, or the recovery of resources (including materials and energy) from waste from the product; (iii) there is the potential to significantly reduce the impact that the product has on the environment, or that substances in the product have on the environment, or on the health or safety of humans.
Note: Whether the product stewardship criteria are satisfied in relation to a product is relevant for determining whether:
(a) to accredit a voluntary arrangement in relation to that product (see subsection 70(4)); or
(b) rules can be made under this Act in relation to the product (see sections 77 (co‑regulatory product stewardship—liable parties for products) and 93 (mandatory product stewardship criteria)).
(1) Waste material means any thing (including a substance or mixture of substances) that is: (a) discarded, rejected or left over from an industrial, commercial, domestic or other activity; or (b) surplus to or a by‑product of an industrial, commercial, domestic or other activity; or (c) prescribed by the rules. (2) Waste material can be a gas, liquid, solid or energy, or a combination of any of them. (3) A thing can be waste material whether or not: (a) it is of value; or (b) it is or may be processed, recycled, re‑used or recovered.
Chapter 2—Regulating the export of waste material
The rules may prescribe kinds of waste material (called regulated waste material) for the purposes of this Act.
The rules may prohibit the export of regulated waste material unless conditions prescribed by the rules (called prescribed export conditions) are complied with.
A person commits an offence, or is liable to a civil penalty, if the person:
(a) exports regulated waste material in contravention of prescribed export conditions; or
(b) makes false or misleading representations about regulated waste material that is entered for export.
The Minister may grant an exemption from one or more provisions of this Act in relation to regulated waste material. An exemption remains in force for up to 12 months, and may be granted subject to conditions. An exemption can be revoked.
The Minister may, on application by a person, grant the person an export licence to carry out a kind of export operations in relation to a kind of regulated waste material.
An export licence is subject to certain conditions and it may remain in force for a specified period or until a specified event occurs. It cannot remain in force for more than 3 years.
An export licence may be varied, renewed, suspended or revoked.
The holder of an export licence must comply with certain obligations, including complying with licence conditions and notifying the Minister of specified events. The Minister may also give written directions to the holder of an export licence which must be complied with.
The Minister must publish certain information on the Department’s website about exemptions and export licences that have been granted, including the name of the holder of an exemption or licence, and the kind of regulated waste material that is covered by an exemption or licence. The Minister must also prepare a quarterly report containing this information.
(1) The rules may prescribe a kind of waste material for the purposes of this Act.
Note: For prescribing by class, see subsection 13(3) of the Legislation Act 2003.
(2) Waste material prescribed for the purposes of subsection (1) is regulated waste material.
(1) The rules may prohibit the export of regulated waste material unless conditions prescribed by the rules are complied with.
Note: Failure to comply with prescribed export conditions, which must be met before the regulated waste material is exported, is an offence and a civil penalty provision (see section 20).
(2) Without limiting subsection (1), the rules may prescribe conditions in relation to the export of regulated waste material that: (a) require the waste material to be exported: (i) in accordance with an export licence; or (ii) in any other way prescribed by the rules; or (b) require export operations to be carried out in relation to the waste material: (i) in accordance with an export licence; or (ii) in any other way prescribed by the rules; or (c) require the exporter to give an export declaration to the Minister before the waste material is exported; or (d) require the exporter to hold either or both of the following: (i) an export licence covering the waste material; (ii) another kind of permission, consent or approval, granted as prescribed by the rules, to export the waste material. (3) Without limiting paragraph (2)(c), the rules may require the export declaration to be given within a specified period or before a specified event occurs.
(1) An export declaration must: (a) if the Minister has approved, in writing, a manner for giving the declaration—be given in an approved manner; and (b) if the Minister has approved a form for the declaration: (i) include the information required by the form; and (ii) be accompanied by any documents required by the form; and (c) include the information (if any) prescribed by the rules; and (d) be accompanied by any documents prescribed by the rules; and (e) be signed and dated by the exporter of the regulated waste material to which the declaration relates.
Note 1: The export of regulated waste material may be prohibited unless an export declaration relating to the waste material is given (see section 18 and rules made for the purposes of that section).
Note 2: A person may commit an offence or be liable to a civil penalty if the person provides false or misleading information or documents (see sections 146 and 147 of this Act and sections 137.1 and 137.2 of the Criminal Code).
(2) An export declaration is taken not to have been given if the declaration does not comply with the requirements in subsection (1). (3) To avoid doubt, the Minister may approve: (a) different forms for export declarations in relation to different kinds of regulated waste material; or (b) a single form for an export declaration for the export of consignments of more than one kind of regulated waste material.
(1) A person contravenes this subsection if: (a) the person exports waste material; and (b) the waste material is regulated waste material; and (c) the export of the waste material is prohibited unless prescribed export conditions are complied with; and (d) prescribed export conditions are not complied with. Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(3) For the purposes of subsection (2), strict liability applies to paragraphs (1)(b) and (c). Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 600 penalty units.
When waste material is exported (5) For the purposes of this section, waste material is exported when the conveyance transporting the waste material from Australia starts its journey to a place outside Australia (whether or not that place is the intended final overseas destination for the waste material).
(1) A person contravenes this subsection if: (a) waste material is entered for export by the person; and (b) the waste material is regulated waste material; and (c) the export of the waste material is prohibited unless prescribed export conditions are complied with; and (d) at the time the waste material is entered for export: (i) the person represents (either expressly or by necessary implication) that the prescribed export conditions applicable, at or before that time, in relation to the export of the waste material have been complied with; and (ii) the person does so knowing that the representation is false or misleading. Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(3) For the purposes of subsection (2), strict liability applies to paragraphs (1)(b) and (c). Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 600 penalty units.
Exception (5) Subsection (1) does not apply if the representation is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matters mentioned in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
(1) A person contravenes this subsection if: (a) waste material is entered for export by the person; and (b) the waste material is regulated waste material; and (c) the export of the waste material is prohibited unless prescribed export conditions are complied with; and (d) at the time the waste material is entered for export: (i) the person represents (either expressly or by necessary implication) that the prescribed export conditions applicable, at or before that time, in relation to the export of the waste material have been complied with; and (ii) the person does so reckless as to whether the representation is false or misleading. Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 3 years or 180 penalty units, or both.
(3) For the purposes of subsection (2), strict liability applies to paragraphs (1)(b) and (c). Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 360 penalty units.
Exception (5) Subsection (1) does not apply if the representation is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matters mentioned in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
(1) A person contravenes this subsection if: (a) waste material is entered for export by the person; and (b) the waste material is regulated waste material; and (c) at the time the waste material is entered for export: (i) the person makes a representation (either expressly or by necessary implication) in relation to any matters that are to be stated in an export declaration; and (ii) the person does so knowing that the representation is false or misleading. Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(3) For the purposes of subsection (2), strict liability applies to paragraph (1)(b). Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 600 penalty units.
Exception (5) Subsection (1) does not apply if the representation is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matters mentioned in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
(1) A person contravenes this subsection if: (a) waste material is entered for export by the person; and (b) the waste material is regulated waste material; and (c) at the time the waste material is entered for export: (i) the person makes a representation (either expressly or by necessary implication) in relation to any matters that are to be stated in an export declaration; and (ii) the person does so reckless as to whether the representation is false or misleading. Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 3 years or 180 penalty units, or both.
(3) For the purposes of subsection (2), strict liability applies to paragraph (1)(b). Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 360 penalty units.
Exception (5) Subsection (1) does not apply if the representation is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matters mentioned in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
An application for an exemption from one or more provisions of this Chapter or rules made for the purposes of this Chapter in relation to regulated waste material may be made to the Minister by: (a) a person who wishes to export regulated waste material; or (b) a person prescribed by the rules.
Note: See sections 172, 173 and 174 for additional matters relating to applications.
(1) On receiving an application made under section 25 for an exemption, the Minister must decide: (a) to grant the exemption; or (b) to refuse to grant the exemption.
Note: A decision under this subsection is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152).
(2) The Minister may grant the exemption if the Minister is satisfied, having regard to any matter prescribed by the rules and any other matter that the Minister considers relevant, that: (a) any requirements prescribed by the rules are met; and (b) it is appropriate to grant the exemption.
Note: An exemption generally must not be varied (see subsection 30(1)).
(3) In considering whether it is appropriate to grant the exemption, the Minister: (a) must have regard to the objects of this Act; and (b) may have regard to any other matter. (4) If the Minister grants the exemption, the Minister must: (a) decide that the exemption remains in force until a specified event occurs (which must not occur more than 12 months after the day the exemption takes effect); or (b) decide that the exemption remains in force for a specified period (which cannot be more than 12 months after the day the exemption takes effect). (5) The Minister may decide that the exemption remains in force for a specified period under paragraph (4)(b) even if rules made for the purposes of subsection 29(2) apply in relation to the exemption.
(1) The Minister may grant an exemption in relation to regulated waste material, subject to any conditions that the Minister considers are necessary.
Note: Conditions of an exemption may be varied (see section 30).
(2) In considering whether it is necessary to impose conditions on an exemption, the Minister must have regard to: (a) the objects of this Act; and (b) the matters (if any) prescribed by the rules. (3) A person contravenes this subsection if: (a) the person is the holder of an exemption in force under this Part; and (b) the person engages in conduct; and (c) the conduct contravenes a condition of the exemption. Fault‑based offence (4) A person commits an offence if the person contravenes subsection (3).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
Civil penalty provision (5) A person is liable to a civil penalty if the person contravenes subsection (3).
Civil penalty: 600 penalty units.
Instrument of exemption (1) If the Minister decides to grant an exemption in relation to regulated waste material, the Minister must give the applicant for the exemption an instrument of exemption stating the following: (a) the kind of regulated waste material covered by the exemption; (b) if applicable, each place to which the regulated waste material is to be exported under the exemption; (c) the reasons why the Minister is satisfied that it is appropriate to grant the exemption; (d) the provisions of this Act covered by the exemption; (e) the day (which must not be before the grant) when the exemption takes effect; (f) that the exemption remains in force: (i) until a specified event occurs; or (ii) for a specified period; (g) if the exemption remains in force until a specified event occurs—the specified event; (h) if the exemption remains in force for a specified period—the period; (i) any conditions of the exemption; (j) any other information prescribed by the rules.
Note: For the purposes of paragraph (f), an exemption cannot remain in force for more than 12 months (see subsection 26(4)).
(2) An instrument of exemption given under subsection (1) is not a legislative instrument. Notice of refusal (3) If the Minister decides to refuse to grant an exemption, the Minister must notify the applicant, in writing, of the decision. The notice must include the reasons for the decision.
(1) An exemption: (a) takes effect on the day stated in the instrument of exemption under paragraph 28(1)(e); and (b) remains in force until the earliest of the following: (i) if the exemption remains in force until a specified event occurs—the event occurs; (ii) if the exemption remains in force for a specified period—the end of the specified period; (iii) if applicable—the end of the period prescribed by the rules for the purposes of subsection (2); (iv) the exemption is revoked under section 31. (2) The rules may prescribe the period during which an exemption remains in force (which must not exceed 12 months). The rules may apply in relation to: (a) exemptions generally; or (b) exemptions for a kind of regulated waste material; or (c) exemptions in relation to a place to which the regulated waste material may be exported.
(1) Except as provided by subsection (2), an exemption that is in force under this Part must not be varied.
Note: If changes to an exemption are needed, an application for a new exemption must be made.
(2) If the Minister considers it necessary to do so, the Minister may vary the conditions of an exemption that is in force under this Part (including by imposing new conditions). (3) In considering whether it is necessary to vary the conditions of an exemption, the Minister must have regard to: (a) the objects of this Act; and (b) the matters (if any) prescribed by the rules. (4) If the Minister varies the conditions of an exemption, the Minister must give the holder of the exemption a written notice stating the following: (a) the varied conditions and any new conditions; (b) the reason for varying the conditions; (c) the day the varied conditions take effect; (d) any other information prescribed by the rules.
(1) The Minister may revoke an exemption that is in force under this Part. (2) In considering whether to revoke an exemption, the Minister must have regard to: (a) the objects of this Act; and (b) the matters (if any) prescribed by the rules. (3) If the Minister decides to revoke an exemption, the Minister must give the holder of the exemption a written notice stating the following: (a) that the exemption is revoked; (b) the reasons for the revocation; (c) the day the revocation takes effect.
If: (a) a kind of regulated waste material is, or is to be, exported; and (b) the export of the regulated waste material is covered by an exemption from one or more provisions of this Act (the exempted provisions); the exempted provisions do not apply in relation to the export of the regulated waste material.
(1) A person may apply to the Minister for an export licence to carry out a kind of export operations in relation to a kind of regulated waste material.
Note: See sections 172, 173 and 174 for additional matters relating to applications.
(2) An application: (a) may relate to more than one kind of regulated waste material; and (b) may relate to more than one kind of export operations; and (c) may specify one or more places to which the regulated waste material is to be exported.
Note: The export of a kind of regulated waste material may be prohibited unless the exporter holds an export licence that covers the export of waste material of that kind (see section 18 and rules made for the purposes of that section).
(1) On receiving an application for an export licence, the Minister must decide: (a) to grant the applicant an export licence; or (b) to refuse to grant the applicant an export licence.
Note 1: See sections 172, 173 and 174 for additional matters relating to applications.
Note 2: If the application is for an export licence for more than one kind of regulated waste material for export to more than one place, the Minister may decide to grant an export licence for some or all of those kinds of waste material for export to some or all of those places.
Note 3: If the application is for an export licence to carry out more than one kind of export operations in relation to more than one kind of regulated waste material for export to more than one place, the Minister may decide to grant the applicant an export licence to carry out some or all of those kinds of export operations in relation to some or all of those kinds of waste material for export to some or all of those places.
Note 4: A decision to refuse to grant an export licence is a reviewable decision (see section 151) and the Minister must give the applicant written notice of the decision (see section 152).
(2) In deciding whether to grant the applicant an export licence, the Minister must have regard to the following matters: (a) the objects of this Act; (b) whether the applicant is a fit and proper person; (c) whether all relevant Commonwealth liabilities of the applicant have been paid; (d) if one or more relevant Commonwealth liabilities of the applicant have not been paid—whether the non‑payment is due to exceptional circumstances; (e) whether the applicant is, and is likely to continue to be, able to comply with the conditions to which the export licence, if granted, would be subject; (f) any other matters prescribed by the rules.
Note 1: The Minister must have regard to the matters in section 175 in considering whether the applicant is a fit and proper person for the purposes of paragraph (b).
Note 2: For the purposes of paragraph (c), a relevant Commonwealth liability of a person is taken to have been paid in certain circumstances (see section 181).
(3) In deciding whether to grant the applicant an export licence, the Minister may have regard to any other matter that the Minister considers relevant. (4) If the Minister grants the applicant an export licence, the Minister must: (a) decide that the licence remains in force until a specified event occurs (which must not occur more than 3 years after the day the licence takes effect); or (b) set an expiry date for the licence (which cannot be more than 3 years after the day the licence takes effect). (5) The Minister may set an expiry date for the export licence under paragraph (4)(b) even if rules made for the purposes of subsection 37(5) apply in relation to the licence.
(1) An export licence is subject to: (a) the conditions provided by this Act; and (b) the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence); and (c) any additional conditions that the Minister considers appropriate and that are specified in the licence.
Note 1: See subsection 64(4) for a condition of an export licence.
Note 2: The holder of an export licence may commit an offence or be liable to a civil penalty if a condition of the licence is contravened (see section 59).
Note 3: An export licence may be suspended or revoked if a condition of the licence is contravened (see sections 46 and 54).
Note 4: A decision to grant an export licence subject to additional conditions is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152).
(2) Without limiting paragraph (1)(b), the rules may prescribe conditions in relation to any or all of the following: (a) the holder of the export licence; (b) a kind of regulated waste material; (c) a kind of export operations. (3) Without limiting paragraph (1)(b) or (c), the rules may prescribe conditions, and the Minister may impose conditions: (a) that are required to be complied with before or after the export of the waste material to which the conditions relate; or (b) that relate to the objects of this Act. (4) For the purposes of this Act, conditions to which an export licence is subject under subsection (1) or section 40 are conditions of the licence.
(1) An export licence must: (a) be in writing; and (b) be given to the applicant to whom it was granted. (2) An export licence must state the following information: (a) the number allocated to the licence; (b) each kind of regulated waste material covered by the licence; (c) each kind of export operations covered by the licence; (d) if applicable, each place to which a kind of regulated waste material covered by the licence may be exported; (e) the day the licence takes effect; (f) that the licence remains in force: (i) until a specified event occurs; or (ii) for a specified period; (g) if the licence remains in force until a specified event occurs—the specified event; (h) if the licence remains in force for a specified period—the expiry date for the licence; (i) any conditions prescribed by the rules that the Minister has decided are not to be conditions of the licence; (j) any additional conditions of the licence; (k) any other information prescribed by the rules.
Note: A licence cannot remain in force for more than 3 years (see subsection 34(4)).
(1) If an export licence is expressed to remain in force until a specified event occurs, the licence remains in force until the event occurs, unless it is earlier revoked under Part 8. (2) If there is an expiry date for an export licence (including an export licence that has been renewed under Part 5), the licence remains in force until the end of that expiry date unless: (a) the licence is renewed under Part 5 on or before that date; or (b) the licence is revoked under Part 8 on or before that date. (3) There is an expiry date for an export licence if: (a) rules made for the purposes of subsection (5) apply in relation to the export licence; or (b) an expiry date for the export licence set under subsection 34(4) or 39(5) or paragraph 44(1)(c) is in force in relation to the export licence. (4) The expiry date for an export licence is: (a) if rules made for the purposes of subsection (5) apply in relation to the export licence and no expiry date set under subsection 34(4) or 39(5) or paragraph 44(1)(c) is in force in relation to the export licence—the last day of the period prescribed by the rules; or (b) if an expiry date for the export licence set under subsection 34(4) or 39(5) or paragraph 44(1)(c) is in force in relation to the export licence—that date.
Note: The expiry date cannot be more than 3 years after the day the licence takes effect (see paragraph 34(4)(b)).
(5) The rules may prescribe the period during which an export licence remains in force (which must not exceed 3 years). The rules may apply in relation to: (a) export licences generally; or (b) export licences for a kind of regulated waste material and, if applicable, a place to which the regulated waste material may be exported; or (c) export licences for a kind of export operations in relation to a kind of regulated waste material and, if applicable, a place to which the regulated waste material may be exported.
(1) This section applies in relation to an export licence (other than a licence that is suspended wholly or in part under Part 7) if there is an expiry date for the licence.
Note: See subsections 37(3) and (4) in relation to the expiry date for an export licence.
(2) The holder of the export licence may apply to the Minister to renew the licence.
Note: See sections 172, 173 and 174 for additional matters relating to applications.
(3) An application for renewal: (a) may relate to more than one kind of regulated waste material; and (b) may relate to more than one kind of export operations; and (c) may specify one or more places to which the regulated waste material is to be exported. (4) An application for renewal must be made: (a) within the period prescribed by the rules; or (b) if the Minister allows a longer period—within that longer period. (5) If an application to renew an export licence is made after the period applying under subsection (4): (a) the application is taken to be an application for a new export licence; and (b) Part 4 applies in relation to the application; and (c) the other provisions of this Part do not apply in relation to the application.
(1) On receiving an application to renew an export licence, the Minister must decide: (a) to renew the licence; or (b) to refuse to renew the licence.
Note 1: See sections 172, 173 and 174 for additional matters relating to applications.
Note 2: If the application is to renew the export licence for more than one kind of regulated waste material for export to more than one place, the Minister may decide to renew the licence for some or all of those kinds of waste material for export to some or all of those places.
Note 3: If the application is to renew the export licence to carry out more than one kind of export operations in relation to more than one kind of regulated waste material for export to more than one place, the Minister may decide to renew the licence to carry out some or all of those kinds of export operations in relation to some or all of those kinds of waste material for export to some or all of those places.
Note 4: A decision to refuse to renew an export licence is a reviewable decision (see section 151) and the Minister must give the applicant written notice of the decision (see section 152).
(2) If an export licence would, apart from this subsection, expire before the application to renew the licence is decided, then the export licence is taken to continue in force until: (a) if the application to renew is refused—the refusal takes effect; or (b) if the licence is renewed in response to the application—the day the renewed licence takes effect. (3) In deciding whether to renew an export licence, the Minister must have regard to the following matters: (a) the objects of this Act; (b) whether the applicant is a fit and proper person; (c) whether all relevant Commonwealth liabilities of the applicant have been paid; (d) if one or more relevant Commonwealth liabilities of the applicant have not been paid—whether the non‑payment is due to exceptional circumstances; (e) whether the applicant is, and is likely to continue to be, able to comply with the conditions to which the export licence, if renewed, would be subject; (f) any other matters prescribed by the rules.
Note 1: The Minister must have regard to the matters in section 175 in considering whether the applicant is a fit and proper person for the purposes of paragraph (b).
Note 2: For the purposes of paragraph (c), a relevant Commonwealth liability of a person is taken to have been paid in certain circumstances (see section 181).
(4) In deciding whether to renew an export licence, the Minister may have regard to any other matter that the Minister considers relevant. (5) If the Minister renews the export licence, the Minister must: (a) decide that the licence remains in force until a specified event occurs (which cannot occur more than 3 years after the day the renewed licence takes effect); or (b) set an expiry date for the licence (which cannot be more than 3 years after the day the renewed licence takes effect).
Note: A decision under this subsection is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152).
(6) The Minister may set an expiry date for the export licence under paragraph (5)(b) even if rules made for the purposes of subsection 37(5) apply in relation to the licence.
(1) If the Minister renews an export licence, the renewed licence is subject to: (a) the conditions provided by this Act; and (b) the conditions prescribed by rules made for the purposes of paragraph 35(1)(b) (other than any of those conditions that the Minister decides are not to be conditions of the licence); and (c) any additional conditions that the Minister considers appropriate and that are specified in the licence.
Note 1: See subsection 64(4) for a condition of an export licence.
Note 2: The holder of an export licence may commit an offence or be liable to a civil penalty if a condition of the licence is contravened (see section 59).
Note 3: An export licence may be suspended or revoked if a condition of the licence is contravened (see sections 46 and 54).
Note 4: A decision to renew an export licence subject to additional conditions is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152).
(2) Without limiting paragraph (1)(c), the Minister may impose conditions: (a) that are required to be complied with before or after the export of the waste material to which the conditions relate; or (b) that relate to the objects of this Act.
If an export licence is renewed, the Minister must give the applicant a new export licence stating the information referred to in subsection 36(2).
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act is the Recycling and Waste Reduction Act 2020.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
<table cellspacing="0" cellpadding="0" style="width:355.55pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>The whole of this Act</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day after this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>16</span><span> </span><span>December 2020</span></p></td></tr></tbody></table>
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
(1) The objects of this Act are as follows: (a) to reduce the impact on human and environmental health of products, waste from products and waste material, including by reducing the amount of greenhouse gases emitted, energy and resources used and water consumed in connection with products, waste from products and waste material; (b) to realise the community and economic benefits of taking responsibility for products, waste from products and waste material; (c) to develop a circular economy that maximises the continued use of products and waste material over their life cycle and accounts for their environmental impacts; (d) to contribute to Australia meeting its international obligations concerning the impact referred to in paragraph (a). (2) These objects are to be achieved by: (a) regulating the export of waste material to promote its management in an environmentally sound way; and (b) encouraging and regulating the reuse, remanufacture, recycling and recovery of products, waste from products and waste material in an environmentally sound way; and (c) encouraging and regulating manufacturers, importers, distributors, designers and other persons to take responsibility for products, including by taking action that relates to: (i) reducing or avoiding generating waste through improvements in product design; and (ii) improving the durability, reparability and reusability of products; and (iii) managing products throughout their life cycle.
In performing functions and exercising powers under this Act, the Minister must take a precautionary approach in relation to protecting human and environmental health.
This Act creates a framework for reducing the impact on human and environmental health of waste material.
Waste material includes any thing that is discarded, rejected or left over from an industrial, commercial, domestic or other activity, and any thing that is surplus to or a by‑product of those activities.
The Minister may, in rules made under this Act, prescribe kinds of waste material. If the Minister does so, the waste material is called regulated waste material and its export may be prohibited by the rules unless certain conditions prescribed by the rules (called prescribed export conditions) are complied with.
Conditions may include a requirement to hold an export licence to export the regulated waste material and to provide the Minister with an export declaration before the regulated waste material is exported.
The Minister may, on application, grant an exemption to people who wish to export regulated waste material from complying with certain requirements imposed by this Act. An exemption remains in force for up to 12 months, and may be granted subject to conditions. An exemption can be revoked.
This Act also creates a framework for reducing the impact on human and environmental health of products and waste from products.
A product can include any thing that is manufactured.
This Act provides for 3 regimes relating to product stewardship, each of which is designed to encourage or require manufacturers, importers, distributors and other persons to take responsibility for products including, for example, through improved product design.
The first regime, called voluntary product stewardship, involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in accordance with such arrangements.
The second regime, called co‑regulatory product stewardship, involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the rules, to be members of co‑regulatory arrangements approved by the Minister. These arrangements must have outcomes, specified in the rules, that are designed to further the objects of this Act.
The third regime, called mandatory product stewardship, enables rules to be made that require specified persons to take, or not to take, specified action in relation to products.
Authorised officers have powers to ensure people are complying with this Act, to investigate non‑compliance and to enforce this Act. Enforcement mechanisms include infringement notices, enforceable undertakings and injunctions.
Auditors can conduct audits in relation to export operations, product stewardship arrangements and the performance of functions and the exercise of powers under this Act.
The rules may require persons who have obligations under this Act to make and retain specified kinds of records.
The Minister has various powers to gather information relating to regulated waste material, product stewardship, the objects of this Act and other matters. The use and disclosure of certain kinds of information is regulated.
Certain decisions under this Act may be reviewed by the Minister and by the Administrative Review Tribunal.
Fees may be charged relating to activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under this Act.
The rules may also make provision in relation to the payment of waste material export charge (which is a tax imposed under related legislation).
(1) This Act binds the Crown in each of its capacities. (2) However, this Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of the Crown.
This Act extends to every external Territory.
This Act extends to acts, omissions, matters and things outside Australia.
This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.
In this Act:
accredited voluntary arrangement: see subsection 70(1).
accrediting authority: see paragraph 70(3)(c).
administrator:
(a) of a voluntary arrangement: see paragraph 71(c); and
(b) of a co‑regulatory arrangement: see paragraph 85(3)(e).
affected: for when a person is affected by a reviewable decision, see section 151.
approved auditor means a person approved under subsection 116(1) to conduct audits.
approved co‑regulatory arrangement: see section 78.
artistic work has the same meaning as in the Copyright Act 1968.
associate: see section 11.
auditor means:
(a) an approved auditor; or
(b) a Commonwealth authorised officer; or
(c) a State or Territory authorised officer.
Australia, when used in a geographical sense, includes the external Territories.
Australian law means a law of the Commonwealth, or of a State or Territory.
authorised government enforcement officer means a Commonwealth authorised officer, or a State or Territory authorised officer, who satisfies the requirements determined under section 129.
authorised officer means a person who is authorised under section 125 to be an authorised officer for the purposes of this Act.
child has a meaning affected by subsection 11(2).
civil penalty order has the same meaning as in the Regulatory Powers Act.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Commonwealth authorised officer means an authorised officer who is an officer or employee of the Commonwealth, or an authority of the Commonwealth.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
constitutional trade or commerce means trade or commerce:
(a) between Australia and a place outside Australia; or
(b) among the States; or
(c) between a State and a Territory; or
(d) between 2 Territories.
conveyance means:
(a) an aircraft; or
(b) a vessel.
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.
distribute includes sell and supply, whether for consideration or not.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
entered for export: see section 12.
expiry date, for an export licence: see subsection 37(4).
export means export from Australia.
export business means a business that carries out export operations in relation to a kind of waste material.
export declaration means a written declaration of an intention to export regulated waste material that complies with section 19.
export licence means an export licence granted under Part 4 of Chapter 2.
export operations: see section 13.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
improvement notice means a notice given under section 88.
intellectual property rights: see section 74.
liable party in relation to a product: see section 77.
life cycle of a product includes:
(a) the time when the product begins to be manufactured; and
(b) the time when the product is waste.
Minister’s priority list: see section 67.
parent has a meaning affected by subsection 11(4).
prescribed export conditions means conditions prescribed by rules made for the purposes of section 18.
prescribed law means:
(a) a law (other than this Act) that is administered by the Minister; or
(b) an Australian law that is prescribed by the rules.
product means a thing (including a substance or mixture of substances) that is:
(a) manufactured; or
(b) prescribed by the rules;
and includes a class of such things.
product return payment: see subsection 92(8).
product stewardship criteria: see section 14.
product stewardship logo: see section 73.
prospective liable party: see subsection 89(1).
protected information: see subsection 148(3).
recover includes recover resources, material or energy from products, waste from products or waste material.
regulated waste material: see section 17.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
related body corporate has same meaning as in the Corporations Act 2001.
relevant Commonwealth liability means:
(a) any of the following that are due and payable:
(i) a fee payable under this Act;
(ii) a charge imposed by the Recycling and Waste Reduction Charges (Customs) Act 2020;
(iii) a charge imposed by the Recycling and Waste Reduction Charges (Excise) Act 2020;
(iv) a charge imposed by the Recycling and Waste Reduction Charges (General) Act 2020; or
(b) penalties for late payment of a fee or charge described in subparagraphs (a)(i) to (iv); or
(c) a pecuniary penalty, or other liability for an amount, imposed by or under a prescribed law.
Note: A relevant Commonwealth liability of a person is taken to have been paid for the purposes of a provision of this Act in certain circumstances (see section 181).
relevant court means:
(a) the Federal Court of Australia; or
(b) the Federal Circuit and Family Court of Australia (Division 2); or
(c) a Supreme Court of a State or Territory.
relevant person, for an audit under Division 4 of Part 2 of Chapter 4, has the meaning given by section 114.
reviewable decision: see section 151.
rules means the rules made under section 188.
scheme: see subsection 89(6).
Secretary means the Secretary of the Department.
State or Territory authorised officer means an authorised officer who is an officer or employee:
(a) of a State or Territory; or
(b) of an authority of a State or Territory.
stepchild has a meaning affected by subsection 11(3).
third party authorised officer means a person who is authorised under subsection 125(5) to be a third party authorised officer.
this Act includes:
(a) the rules; and
(b) the Regulatory Powers Act as it applies in relation to this Act.
trade mark has the same meaning as in the Trade Marks Act 1995.
waste, in relation to a product, means waste associated with the product over the life cycle of the product.
waste material: see section 15.
waste material export charge means a cha
This is an opening excerpt, not the complete document.