77Who is a liable party in relation to a product

77 Who is a liable party in relation to a product

Rules may specify liable parties (1) A liable party, in relation to a product, is a person specified as a liable party in relation to that product in the rules. (2) However, a person is a liable party in relation to a product only if the person: (a) is a constitutional corporation; and (b) has at any time: (i) manufactured the product in Australia; or (ii) imported the product into Australia; or (iii) distributed the product in Australia; or (iv) used the product in Australia. Satisfying product stewardship criteria and furthering objects etc. (3) Before the Minister makes rules for the purposes of subsection (1) in relation to a product, the Minister must be satisfied that: (a) making the rules in relation to the product will further the objects of this Act; and (b) the product stewardship criteria are satisfied in relation to the product; and (c) if rules made for the purposes of subsection (1) are not already in force in relation to the product: (i) the product has been notified by being included in a Minister’s priority list at least 12 months beforehand; or (ii) there are special circumstances justifying the making of the rules without that notification. (4) If the Minister makes rules to which subparagraph (3)(c)(ii) applies in relation to a product, the explanatory statement (within the meaning of the Legislation Act 2003) for the rules must include a statement setting out the special circumstances mentioned in that subparagraph. Exempting liable parties (5) The rules may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a product were not such a liable party: (a) during a specified period; or (b) indefinitely. (6) The determination has effect accordingly.