70Accreditation of voluntary arrangements

#### 70 Accreditation of voluntary arrangements (1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a product in accordance with rules made for the purposes of this section. > Note 1: Obligations imposed by this Act in relation to voluntary arrangements and their administrators do not apply to an arrangement that is not accredited. > Note 2: A voluntary arrangement that does not meet the conditions in section 71 cannot be accredited, and the accrediting authority must refuse to accredit a voluntary arrangement in certain circumstances (see subsections (3) and (4) of this section and rules made for the purposes of this section). (2) The rules may provide for or in relation to matters concerning the accreditation of voluntary arrangements in relation to a product. (3) Without limiting subsection (2), the rules may provide for any or all of the following: (a) who may apply for accreditation of a voluntary arrangement in relation to a product; (b) the circumstances in which a person may apply for such an accreditation; (c) who may make a decision on such an application (the accrediting authority); (d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a product; (e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a product; (f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a product; (g) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a product; (h) the giving of information in relation to an accredited voluntary arrangement. > Note 1: See sections 172, 173 and 174 for additional matters relating to applications. > Note 2: The following are examples for the purposes of paragraph (f): (a) a condition that the administrator of an accredited voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved; (b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement. > Note 3: The rules may also provide for the making and retention of records (see section 142). Preconditions to accreditation (4) Without limiting subsection (2) or (3), the rules must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a product if the accrediting authority is satisfied that: (a) an outcome of the arrangement in relation to the product will not further the objects of this Act; or (b) the arrangement is unlikely to achieve one or more of those outcomes; or (c) the product stewardship criteria are not satisfied in relation to the product; or (d) the persons authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with the product, or the circumstances in which those persons are authorised, are not appropriate; or (e) it is not in the public interest to accredit the arrangement. > Note: See also section 71 (a voluntary arrangement that does not meet certain conditions cannot be accredited). Public interest and appropriate use of logo—relevant matters (5) In determining whether the accrediting authority is satisfied as mentioned in paragraph (4)(d) or (e), the accrediting authority: (a) must have regard to the objects of this Act; and (b) may have regard to any other matter.