Recycling and Waste Reduction (Product Stewardship—Televisions and Computers) Rules 2021
Part 6Application, saving and transitional provisions
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This instrument is the Recycling and Waste Reduction (Product Stewardship—Televisions and Computers) Rules 2021.
3 Authority
(1) Subject to subsection (2), this instrument is made under the Recycling and Waste Reduction Act 2020.
(2) Division 1 of Part 6 is made under item 1 of Schedule 3 to the Recycling and Waste Reduction (Consequential and Transitional Provisions) Act 2020.
4 Definitions
In this instrument:
Note: A number of expressions used in this instrument are defined in the Act, including the following:
ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
ACN has the meaning given by section 9 of the Corporations Act 2001.
Act means the Recycling and Waste Reduction Act 2020.
ASGS means the document titled Australian Statistical Geography Standard (ASGS): Volume 5 ‑ Remoteness Structure, published by the Australian Statistician.
AS/NZS 5377 means the Australian/New Zealand Standard Collection, storage, transport and treatment of end‑of‑life electrical and electronic equipment, published jointly by, or on behalf of, Standards Australia and Standards New Zealand.
collection service: see section 8.
comprehensively recycled has a meaning affected by subsection 7(2).
computer means a product with a product code mentioned in Part 2 of Schedule 1, but does not include imported waste material.
computer part or peripheral means a product with a product code mentioned in Part 4 of Schedule 1, but does not include imported waste material.
conversion factor for a kind of television or computer product means the number mentioned for a product of that kind in column 3 of a table in Schedule 1.
converted weight of a number of units of a kind of television or computer product means the number obtained by multiplying the number of units by the conversion factor mentioned for a product of that kind in column 3 of a table in Schedule 1.
import declaration has the same meaning as in the Customs Act 1901.
imported: a product is imported at a time if, at that time, the product:
(a) is the subject of an import declaration; and
(b) is entered for home consumption under subsection 68(3A) of the Customs Act 1901 in respect of that import declaration.
Note: Section 4A provides for certain changes of import declarations not to be taken into account for certain purposes.
import or manufacture share: see section 11.
inner regional area: an area is an inner regional area for a financial year if the area is described as Inner Regional Australia in the ASGS as the ASGS exists on the most recent finalised census day for the financial year.
kind of television or computer product means a television or computer product with a distinct product code.
Note: Example: Scanners weighing not more than 1 kg that are imported or manufactured in Australia on or after 1 July 2018 have the distinct product code 8471.60.00.65. They are a kind of television or computer product.
manufacture a computer includes assemble the computer.
material recovery target means the proportion of television or computer products to be sent after recycling for processing into usable materials in a particular financial year, worked out under section 16.
metropolitan area: an area is a metropolitan area for a financial year if the area is described as Major Cities of Australia in the ASGS as the ASGS exists on the most recent finalised census day for the financial year.
most recent finalised census day for a financial year means the Census day (within the meaning of the Census and Statistics Act 1905) for the Census of Population and Housing most recently published on the website of the Australian Bureau of Statistics before the start of the financial year.
outcome year for an approved co‑regulatory arrangement means a financial year starting on or after:
(a) 1 July 2021; or
(b) if the arrangement is approved under section 85 of the Act after 1 July 2021—the first 1 July after the approval.
outer regional area: an area is an outer regional area for a financial year if the area is described as Outer Regional Australia in the ASGS as the ASGS exists on the most recent finalised census day for the financial year.
percentage target for a financial year means the percentage target set out in Schedule 2 for the financial year.
printer means a product with a product code mentioned in Part 3 of Schedule 1, but does not include imported waste material.
product code for a product means the code mentioned for the product in the document titled the Combined Australian Customs Tariff Nomenclature and Statistical Classification.
Note: The document could in 2021 be viewed on the Australian Border Force’s website (https://www.abf.gov.au). The document refers to tariff classifications in the Customs Tariff Act 1995.
reasonable access: see section 9.
recycle a television or computer product means process the product for the purpose of recovering usable materials, and includes disassemble or shred the product.
recycling target: see section 11.
registered auditor means:
(a) a person that is a registered company auditor under section 1280 of the Corporations Act 2001; or
(b) a company that is registered as an authorised audit company under section 1299C of that Act.
remote area: an area is a remote area for a financial year if the area is described as Remote Australia or Very Remote Australia in the ASGS as the ASGS exists on the most recent finalised census day for the financial year.
scheme target: see section 11.
service provider in relation to a co‑regulatory arrangement includes:
(a) an overseas facility that receives whole units of the products exported from Australia under the co‑regulatory arrangement; and
(b) if the administrator of the co‑regulatory arrangement provides services in relation to the co‑regulatory arrangement beyond the role of being administrator—the administrator in its capacity of providing those services.
small business: a business is a small business for a financial year if it satisfies at least 2 of the following paragraphs:
(a) the consolidated revenue of the business and any entity it controls was $25 million or less in the financial year;
(b) the value of the consolidated gross assets of the business and any entity it controls was $19 million or less at the end of the financial year;
(c) the business and any entities it controls had fewer than 50 employees at the end of the financial year.
television means a product with a product code mentioned in Part 1 of Schedule 1, but does not include imported waste material.
television or computer product means:
(a) a television; or
(b) a computer that was manufactured outside Australia; or
(c) a printer; or
(d) a computer part or peripheral.
waste arising: see section 11.
whole unit of a television or computer product means a unit of a television or computer product that has not been recycled.
4A Use of information in import declarations
(1) For the purposes of determining in this instrument whether a product was imported in a financial year, a change made to an import declaration must not be taken into account if:
(a) the change is made after 31 October of the financial year following the financial year in which the import declaration was made; and
(b) the change:
(i) reduces the number of television or computer products specified in the declaration; or
(ii) reduces the converted weight of any kind of television or computer product specified in the declaration.
(2) However, a change described in subsection (1) may be taken into account if the Minister is satisfied that there are exceptional circumstances that justify taking the change into account, having regard to:
(a) the matters listed in subsection (3); and
(b) any other matter the Minister considers relevant.
(3) For the purposes of paragraph (2)(a), the Minister must have regard to the following matters:
(a) the reason for the change made to the import declaration;
(b) the nature of the change;
(c) the reason why the change was not made on or before 31 October of the following financial year;
(d) whether the importer has previously made a change to an import declaration in relation to television or computer products after 31 October of the financial year following the financial year in which the import declaration was made;
(e) whether taking the change into account would unreasonably impact other liable parties or co‑regulatory arrangements in relation to television or computer products;
(f) whether not taking the change into account would unreasonably distort the recycling target for a financial year, or the import or manufacture share for a financial year, of an approved co‑regulatory arrangement that relates to television or computer products.
Part 2—Liable parties in relation to television or computer products
5 Authority
For the purposes of subsection 77(1) of the Act, this Part specifies persons as liable parties in relation to television or computer products.
6 Liable parties
Televisions
(1) A person is a liable party for a financial year if, in the previous financial year:
(a) the person imported or manufactured in Australia more than 5,000 televisions; or
(b) the person, and a related body corporate, imported or manufactured in Australia more than 5,000 televisions, of which more than 1,000 were imported or manufactured in Australia by the person.
Note 1: To be a liable party, the person must also be a constitutional corporation (see paragraph 77(2)(a) of the Act).
Note 2: An example of paragraph (1)(a) is a person who imported 4,000 televisions and manufactured in Australia 2,000 televisions.
Note 3: An example of paragraph (1)(b) is a person who imported 2,000 televisions when a related body corporate imported 4,000 televisions.
Computers or printers
(2) A person is a liable party for a financial year if, in the previous financial year:
(a) the person imported or manufactured in Australia more than 5,000 computers or printers; or
(b) the person, and a related body corporate, imported or manufactured in Australia more than 5,000 computers or printers, of which more than 1,000 were imported or manufactured in Australia by the person.
Note 1: To be a liable party, the person must also be a constitutional corporation (see paragraph 77(2)(a) of the Act).
Note 2: An example of paragraph (2)(a) is a person who imported 4,000 computers and manufactured in Australia 2,000 printers.
Note 3: An example of paragraph (2)(b) is a person who imported 2,000 computers when a related body corporate manufactured in Australia 4,000 printers.
Computer parts or peripherals
(3) A person is a liable party for a financial year if, in the previous financial year, the person imported or manufactured in Australia more than 15,000 computer parts or peripherals.
Note: To be a liable party, the person must also be a constitutional corporation (see paragraph 77(2)(a) of the Act).
Obligation as liable party continues
(4) If:
(a) a person is a liable party for television or computer products in a financial year; and
(b) the person is not a member of an approved co‑regulatory arrangement on 30 June of the financial year;
the person continues to be a liable party, for those products, until the end of the financial year in which the person becomes a member of an approved co‑regulatory arrangement, regardless of whether the person would have been a liable party in that financial year apart from this subsection.
Part 3—Outcomes for approved co‑regulatory arrangements
Division 1—Outcomes
7 Outcomes
(1) For the purposes of subsection 77(1) and section 79 of the Act, the outcomes to be achieved for each outcome year by an approved co‑regulatory arrangement that relates to television or computer products are as follows:
(a) reasonable access to collection services in metropolitan areas, inner regional areas, outer regional areas and remote areas must be provided in accordance with section 9;
(b) advertising of collection services occurs in accordance with section 10;
(c) the recycling target worked out under section 11 must be met;
(d) the material recovery target must be met;
(e) television or computer products that are recycled must be recycled:
(i) under an approved co‑regulatory arrangement; or
(ii) by a liable party who subsequently becomes a member of a co‑regulatory arrangement;
(f) television or computer products that are recycled must be recycled:
(i) by a person certified to AS/NZS 5377 (as existing at the start of the financial year in which the product is recycled) at a facility covered by that certification; and
(ii) in accordance with that standard;
(g) television or computer products that are recycled must be comprehensively recycled.
(2) Without limiting the circumstances in a which a television or computer product is comprehensively recycled, if the television or computer product is in its major components or materials, it includes disassembled or shredded products.
(3) To achieve the outcomes mentioned in paragraphs (1)(a) and (c), the administrator of the approved co‑regulatory arrangement in relation to television or computer products must ensure that, under the co‑regulatory arrangement:
(a) a person is not charged for the collection of a television or computer product for recycling if the product was used by the person only:
(i) for personal, domestic or household purposes; or
(ii) in relation to a business that was a small business in the financial year preceding the outcome year; and
(b) collection of every kind of product covered by the definition of television or computer product must be accepted.
Division 2—Collection
8 Collection services
A collection service is any of the following:
(a) a program under which consumers may submit for recycling any product of a kind covered by the definition of television or computer product by mail or courier;
(b) an event at which consumers may submit for recycling any product of a kind covered by the definition of television or computer product;
(c) a collection station established solely for consumers to submit for recycling any product of a kind covered by the definition of television or computer product;
(d) a location where consumers may submit for recycling any product of a kind covered by the definition of television or computer product (even if the location is also used for other purposes);
(e) a program for collection of any product of a kind covered by the definition of television or computer product registered by consumers for collection at a place.
Note: Examples for paragraph (d): Retail outlets, local governments, not‑for‑profit organisations.
Note: Example for paragraph (e): Registration through a toll‑free number or online.
9 Reasonable access—general requirements
(1) For the purposes of paragraph 7(1)(a) (about the outcome of an approved co‑regulatory arrangement), access to collection services is reasonable in an outcome year if access is provided in accordance with this section.
(2) In this section:
(a) a reference to a distance is a reference to a distance by road; and
(b) a reference to the population of an area or town is a reference to the population of the area or town as determined in the Census of Population and Housing most recently published on the website of the Australian Bureau of Statistics before the start of the outcome year; and
(c) a reference to the centre point of a town is a reference to the point whose latitude and longitude are identified as the location of the town in the Gazetteer of Australia, published by Geoscience Australia and existing on the most recent finalised census day for the outcome year.
Metropolitan areas
(3) In the outcome year, the number of collection services provided for each metropolitan area must at least equal the population of that area divided by 250,000 and rounded up to the closest whole number.
Inner regional areas
(4) In the outcome year, at least one collection service must be provided for every town with a population of at least 10,000 in an inner regional area.
(5) A service is provided for a town mentioned in subsection (4) if the service is available within 100 kilometres of the centre point of that town.
Outer regional areas
(6) In the outcome year, at least one collection service must be provided for every town with a population of at least 4,000 in an outer regional area.
(7) A service is provided for a town mentioned in subsection (6) if the service is available within 150 kilometres of the centre point of that town.
Remote areas
(8) In the outcome year or the immediately preceding financial year, at least one collection service must be provided for every town with a population of at least 2,000 in a remote area.
(9) A service is provided for a town mentioned in subsection (8) if the service is available within 200 kilometres of the centre point of that town.
External Territories
(10) Despite anything else in this section, a collection service need not be provided in an external Territory.
10 Advertising collection services
(1) For the purposes of paragraph 7(1)(b) (about advertising collection services), the administrator of an approved co‑regulatory arrangement in relation to television or computer products must advertise the existence and location of each collection service in the following areas:
(a) metropolitan areas;
(b) inner regional areas;
(c) outer regional areas;
(d) remote areas.
(2) Advertising must be reasonably appropriate for the purpose of notifying members of a local community about the type and location of a collection service, and may include, but is not limited to, advertising in the following ways:
(a) on a social media service (within the meaning of the Enhancing Online Safety Act 2015);
(b) on a website that promotes recycling;
(c) on signage placed in close proximity to a collection service;
(d) on a poster or notice placed on a community billboard;
(e) on leaflets or pamphlets distributed to homes;
(f) in a local newspaper or magazine.
(3) Advertising may be undertaken alone or jointly with the provider of a collection service.
Division 3—Recycling
11 Working out recycling target
(1) The recycling target of an approved co‑regulatory arrangement for a financial year is the scheme target for that year multiplied by the co‑regulatory arrangement’s import or manufacture share for that year.
(2) The scheme target is the percentage target for a financial year (see Schedule 2) multiplied by the waste arising.
(3) Waste arising is worked out using the following method statement:
Method statement
Step 1. For all televisions:
(a) identify the total converted weight of all televisions imported or manufactured in Australia in the last 3 financial years; and
(b) work out the annual average total converted weight of all televisions imported or manufactured in Australia by dividing the result of paragraph (a) by 3; and
(c) multiply the result of paragraph (b) by 0.9.
Step 2. For all computers:
(a) identify the total converted weight of all computers imported in the last 3 financial years; and
(b) work out the annual average total converted weight of all computers imported by dividing the result of paragraph (a) by 3; and
(c) multiply the result of paragraph (b) by 0.72.
Step 3. For all printers:
(a) identify the total converted weight of all printers imported or manufactured in Australia in the last 3 financial years; and
(b) work out the annual average total converted weight of all printers imported or manufactured in Australia by dividing the result of paragraph (a) by 3; and
(c) multiply the result of paragraph (b) by 0.71.
Step 4. For all computer parts and peripherals:
(a) identify the total converted weight of all computer parts and peripherals imported or manufactured in Australia in the last 3 financial years; and
(b) work out the annual average total converted weight of all computer parts and peripherals imported or manufactured in Australia by dividing the result of paragraph (a) by 3; and
(c) multiply the result of paragraph (b) by 0.88.
Step 5. Add together the results of steps 1 to 4. The result is the waste arising.
(4) The import or manufacture share of an approved co‑regulatory arrangement for a financial year (the current financial year) is worked out using the following method statement (taking account of subsection (5) and sections 12 and 13 if relevant):
Method statement
Step 1. For each kind of television or computer product, identify the total number of units imported or manufactured in Australia, in the previous financial year, by all liable parties who are members of the co‑regulatory arrangement during the current financial year.
Step 2. Multiply that number by the conversion factor for that kind of product.
Step 3. For each kind of television or computer product, identify the total number of units exported, in the previous financial year, by all liable parties who are members of the co‑regulatory arrangement on 15 September of the current financial year.
Step 4. Multiply that number by the conversion factor for that kind of product.
Step 5. For each kind of television or computer product, take the result of step 2 and subtract the result of step 4.
Step 6. For all televisions:
(a) add together the results of step 5; and
(b) identify the total converted weight of all televisions imported or manufactured in Australia by all liable parties in the previous financial year; and
(c) from the number identified in paragraph (b), deduct the total converted weight of all televisions reported under section 14 as being exported; and
(d) divide the result of paragraph (a) by the result of paragraph (c); and
(e) divide the result of paragraph (c) of step 1 of the method statement in subsection (3) by the result of step 5 of that method statement; and
(f) multiply the result of paragraph (d) of this step by the result of paragraph (e) of this step.
Step 7. For all computers:
(a) add together the results of step 5; and
(b) identify the total converted weight of all computers imported by all liable parties in the previous financial year; and
(c) from the number identified in paragraph (b), deduct the total converted weight of all computers reported under section 14 as being exported; and
(d) divide the result of paragraph (a) by the result of paragraph (c); and
(e) divide the result of paragraph (c) of step 2 of the method statement in subsection (3) by the result of step 5 of that method statement; and
(f) multiply the result of paragraph (d) of this step by the result of paragraph (e) of this step.
Step 8. For all printers:
(a) add together the results of step 5; and
(b) identify the total converted weight of all printers imported or manufactured in Australia by all liable parties in the previous financial year; and
(c) from the number identified in paragraph (b), deduct the total converted weight of all printers reported under section 14 as being exported; and
(d) divide the result of paragraph (a) by the result of paragraph (c); and
(e) divide the result of paragraph (c) of step 3 of the method statement in subsection (3) by the result of step 5 of that method statement; and
(f) multiply the result of paragraph (d) of this step by the result of paragraph (e) of this step.
Step 9. For all computer parts and peripherals:
(a) add together the results of step 5; and
(b) identify the total converted weight of all computer parts and peripherals imported or manufactured in Australia by all liable parties in the previous financial year; and
(c) from the number identified in paragraph (b), deduct the total converted weight of all computer parts and peripherals reported under section 14 as being exported; and
(d) divide the result of paragraph (a) by the result of paragraph (c); and
(e) divide the result of paragraph (c) of step 4 of the method statement in subsection (3) by the result of step 5 of that method statement; and
(f) multiply the result of paragraph (d) of this step by the result of paragraph (e) of this step.
Step 10. Add together the results of steps 6 to 9. The result is the co‑regulatory arrangement’s import or manufacture share.
(5) For the purposes of subsection (4), the approved co‑regulatory arrangement:
(a) must use the same conversion factor for steps 2 and 4; and
(b) if the conditions in subsection 6(1) are satisfied—must count all products that satisfy those conditions; and
(c) if the conditions in subsection 6(2) are satisfied—must count all products that satisfy those conditions; and
(d) if the conditions in subsection 6(3) are satisfied—must count all products that satisfy those conditions; and
(e) if the conditions in subsection 6(2) are satisfied but the conditions in subsection 6(3) are not satisfied—must count:
(i) all products that satisfy the conditions in subsection 6(2); and
(ii) all computer parts or peripherals imported or manufactured in Australia by the liable party in the previous financial year; and
(f) if the conditions in subsection 6(3) are satisfied but the conditions in subsection 6(2) are not satisfied—must count:
(i) all products that satisfy the conditions in subsection 6(3); and
(ii) all computers or printers imported or manufactured in Australia by the liable party or a related body corporate in the previous financial year.
Note: Example: If a person imported 6,000 televisions and 6,000 computers in a financial year, the televisions and the computers must be taken into account when working out the import or manufacture share.
Note: However:
(a) if a person imported 6,000 televisions and 2,000 computers (i.e. less than the number of computers mentioned in subsection 6(2)) in a financial year, only the televisions must be counted when working out the import or manufacture share; and
(b) if a person imported 7,000 computers and 14,000 computer parts or peripherals (i.e. less than the number of computer parts or peripherals mentioned in subsection 6(3)), all of those products must be counted when working out the import or manufacture share; and
(c) if a person imported 17,000 computer parts or peripherals and 4,000 computers (i.e. less than the number of computers mentioned in subsection 6(2)), all of those products must be counted when working out the import or manufacture share.
12 Import or manufacture share—no co‑regulatory membership on 30 June
(1) This section applies if a person:
(a) is a liable party in a financial year because of television or computer products that were imported or manufactured in Australia before the financial year; and
(b) is not a member of an approved co‑regulatory arrangement on 30 June of the financial year; and
(c) becomes a member of an approved co‑regulatory arrangement at a later time.
(2) For the purposes of subsection 11(4), a proportion of the products are taken to have been imported or manufactured in Australia in the financial year immediately before the year in which the person becomes a member of the approved co‑regulatory arrangement, as worked out according to the following formula:
Start formula start fraction Non-membership days over Number of days in year end fraction times Number of products end formula
where:
non‑membership days means the number of days in the financial year, immediately before 30 June, for which the liable party was not a member of an approved co‑regulatory arrangement.
number of days in year means the number of days in the financial year.
number of products means the number of television or computer products mentioned in paragraph (1)(a).
(3) Section 13 (which allows proportioning of the products) does not apply to those products.
Note: Example: A person imported 20,000 web cameras in the 2021‑2022 financial year, and therefore is a liable party in the 2022‑2023 financial year. The person is not a member of an approved co‑regulatory arrangement in the 2022‑2023 financial year, and does not become a member of an approved co‑regulatory arrangement until the 2023‑2024 financial year.
Note: The approved co‑regulatory arrangement must count all of the 20,000 web cameras as if the web cameras had been imported in the 2022‑2023 financial year, even if the liable party is not a member of the approved co‑regulatory arrangement for the whole of the 2023‑2024 financial year.
(4) Subsection (2) does not affect the import or manufacture share of co‑regulatory arrangements in the financial year mentioned in paragraph (1)(a).
13 Import or manufacture share—co‑regulatory membership for part of year
(1) This section applies if:
(a) an approved co‑regulatory arrangement is working out its import or manufacture share of a kind of television or computer products, for a financial year; and
(b) a liable party was a member of the co‑regulatory arrangement for only part of the financial year.
(2) For the purposes of subsection 11(4), the approved co‑regulatory arrangement must count only a proportion of the kind of television or computer products that were imported or manufactured in Australia by the member, as worked out using the following formula:
Start formula start fraction Membership days over Number of days in year end fraction times Number of products end formula
where:
membership days means the number of days in the financial year for which the liable party was a member of the approved co‑regulatory arrangement.
number of days in year means the number of days in the financial year.
number of products means the number of that kind of television or computer product imported or manufactured in Australia by the liable party in the year before the financial year.
Note: Example: A liable party imported 36,500 web cameras in the year before the financial year. The liable party was a member of a co‑regulatory arrangement for 100 days of the financial year.
Note: The co‑regulatory arrangement must count only 10,000 of the web cameras when working out its import or manufacture share for the financial year.
Note: The number of 10,000 web cameras to be counted is worked out using the formula:
Note: Start formula start fraction 100 over 365 end fraction times 36,500 end formula
(3) For the purposes of subsection (2), if the liable party:
(a) becomes a member of an approved co‑regulatory arrangement after 1 July in a financial year; and
(b) has not previously been a member of another approved co‑regulatory arrangement in the financial year;
the liable party is taken to be a member of the approved co‑regulatory arrangement from 1 July of the financial year.
Note: Example: A liable party is not a member of an approved co‑regulatory arrangement between 1 July 2021 and 31 August 2021, when the liable party becomes a member of approved co‑regulatory arrangement ABC. The liable party remains a member of approved co‑regulatory arrangement ABC until 30 June 2022.
Note: The liable party is taken to have been a member of approved co‑regulatory arrangement ABC from 1 July 2021 to 30 June 2022.
(4) For the purposes of subsection (2), if a liable party:
(a) becomes a member of an approved co‑regulatory arrangement (the previous co‑regulatory arrangement) in a financial year; and
(b) becomes a member of another approved co‑regulatory arrangement (the later co‑regulatory arrangement) later that financial year;
the liable party is taken to be a member of the later co‑regulatory arrangement from the day after the liable party stopped being a member of the previous co‑regulatory arrangement.
Note: Example 1: A liable party was a member of co‑regulatory arrangement ABC from 1 July 2021 until 31 August 2021. The liable party becomes a member of co‑regulatory arrangement XYZ on 1 December 2021 and remains a member until 30 June 2022.
Note: For the purposes of subsection (2), the liable party is taken to be a member of co‑regulatory arrangement XYZ between 1 September 2021 and 30 June 2022.
Note: Example 2: A liable party became a member of co‑regulatory arrangement ABC on 1 July 2021 and stopped being a member on 31 August 2021. The liable party becomes a member of co‑regulatory arrangement XYZ on 1 August 2021 (i.e. before the liable party stopped being a member of co‑regulatory arrangement ABC) and remains a member until 30 June 2022.
Note: For the purposes of subsection (2), the liable party is taken to be a member of co‑regulatory arrangement XYZ between 1 September 2021 and 30 June 2022.
14 Import or manufacture share—counting exported products
(1) This section applies if:
(a) a liable party was a member of an approved co‑regulatory arrangement on 15 September of a financial year (the current financial year); and
(b) the liable party exported television or computer products in the previous financial year.
(2) The approved co‑regulatory arrangement, when working out its import or manufacture share for the current financial year, may count the exported products only if the administrator of the arrangement, on or before 15 September of the current financial year, gives the Minister:
(a) a report that states:
(i) the total number of units of each kind of television or computer product (identified by product code) exported by members in the previous financial year; and
(ii) the total converted weight of each kind of television or computer product exported by members in the previous financial year; and
(iii) evidence that each product was imported or manufactured in Australia no more than 1 year before the product was exported; and
(b) a report, prepared by a registered auditor, that states the report mentioned in paragraph (a) is accurate.
15 How recycling targets may be met
When target is exceeded in a financial year
(1) If a recycling target is exceeded in a particular financial year by a particular amount (the excess amount), all or part of the excess amount may be used to meet the recycling target in a subsequent financial year.
(2) However, only up to 25% of the recycling target for a subsequent financial year may be met from the excess amount.
When target is not reached in a financial year
(3) If a recycling target is not achieved by an approved co‑regulatory arrangement in a particular financial year:
(a) the co‑regulatory arrangement is taken not to have achieved the outcomes for the arrangement in the financial year; and
(b) the amount by which the co‑regulatory arrangement fell short of the recycling target for that financial year must be added to the recycling target for the arrangement for the next financial year.
Division 4—Material recovery from recycling
16 Material recovery target
The material recovery target is 90% of television or computer products, based on weight.
Part 4—Matters to be dealt with by co‑regulatory arrangements
17 Matters to be dealt with by co‑regulatory arrangements
For the purposes of subsection 80(1) of the Act, a co‑regulatory arrangement that relates to television or computer products must deal with the following matters:
(a) governance systems, including systems for:
(i) achieving the outcomes and meeting the requirements in this instrument; and
(ii) managing risk; and
(iii) resolving disputes; and
(iv) replacing the administrator;
(b) financial arrangements and funding to achieve the outcomes and requirements in this instrument;
(c) procedures in relation to membership of the arrangement, including:
(i) requirements related to becoming, or ceasing to be, a member; and
(ii) maintenance of confidential information about members;
(d) communicating information to the public about the arrangement, including the activities of the arrangement and how its services can be accessed;
(e) assessing the adequacy of the environmental, health and safety policies and practices in relation to the collection, storage, transportation or recycling of television or computer products undertaken under the co‑regulatory arrangement.
Part 5—Giving reports and keeping records
Division 1—Giving reports to Minister
Subdivision A—Authority and scope
18 Authority for, and scope of, this Division
This Division is made for the purposes of subsection 83(1) of the Act (which is about requirements to give reports to the Minister) relating to:
(a) the administrator of an approved co‑regulatory arrangement in relation to television or computer products; and
(b) a liable party in relation to television or computer products.
Subdivision B—Reports to be given by administrator
19 Yearly report about membership of co‑regulatory arrangement
(1) The administrator must, by 8 September each year, give the Minister a report about the membership of the approved co‑regulatory arrangement as at 1 September of that year.
(2) The report must include:
(a) the number of members of the co‑regulatory arrangement; and
(b) the name, and the trading name (if any), of each member; and
(c) the ABN or ACN of each member; and
(d) the day each member became a member; and
(e) for each liable party that is no longer a member of the co‑regulatory arrangement—the day the liable party ceased to be a member.
20 Annual report
(1) The administrator must, for each financial year, give the Minister a report (the annual report) relating to the operation of the approved co‑regulatory arrangement in the financial year, in accordance with this section.
(2) The annual report must be given to the Minister:
(a) by 30 October in the next financial year; and
(b) in a manner approved by the Minister.
(3) The annual report must:
(a) be in the form approved by the Minister; and
(b) include the information required by the form; and
(c) be accompanied by any documents required by the form.
21 Quarterly report
(1) The administrator must give the Department a report (the quarterly report) relating to the operation of the approved co‑regulatory arrangement for each period of 3 months starting on 1 July, 1 October and 1 January in accordance with this section.
(2) The quarterly report must be given to the Department within 6 weeks after the end of the period to which the report relates.
(3) The quarterly report must:
(a) be in the form approved by the Minister; and
(b) include the information required by the form; and
(c) be accompanied by any documents required by the form; and
(d) be given in a manner approved by the Minister.
22 Audit report
(1) The administrator must, for each financial year, give the Minister a report (the audit report) relating to an audit of the operation of the approved co‑regulatory arrangement in the financial year, in accordance with this section.
(2) The audit report must be prepared by:
(a) a registered company auditor (within the meaning of the Corporations Act 2001); or
(b) an authorised audit company (within the meaning of the Corporations Act 2001).
(3) The audit report must:
(a) accompany the annual report; and
(b) include the matters set out in section 23; and
(c) be given in a manner approved by the Minister.
23 Matters to be included in audit report
The audit report must include:
(a) an audit of the financial statements setting out the revenue and expenditure of the approved co‑regulatory arrangement; and
(b) an audit of the performance of the approved co‑regulatory arrangement in relation to each outcome to be achieved under Part 3; and
(c) a statement from the person preparing the audit that the audit was conducted in accordance with any standard issued by the Auditing and Assurance Standards Board that applies to the audit, as in force from time to time; and
(d) a statement from the person preparing the audit in relation to whether the annual report for the financial year is accurate and complies with section 20.
Subdivision C—Reports to be given by liable parties
24 Report about number of products manufactured in Australia
(1) A liable party in relation to television or computer products must give the Minister, by 1 September each year, a report that sets out how many (if any) television or computer products of each kind of television or computer product (identified by product code) the liable party manufactured in Australia in the previous financial year.
(2) The report must be given in a manner approved by the Minister.
25 Report about products imported or manufactured in Australia by related bodies corporate
(1) This section applies if a related body corporate of a liable party imported or manufactured in Australia televisions, computers or printers in a financial year.
(2) The liable party must give the Minister, before 1 September in the next financial year, a report that sets out the following information about the related body corporate:
(a) the name, and the trading name (if any), of the related body corporate;
(b) the ABN or ACN of the related body corporate;
(c) the day or days the related body corporate became a related body corporate of the liable party;
(d) the day or days the related body corporate ceased to be a related body corporate of the liable party, if applicable.
Division 2—Keeping records
26 Administrator to make and retain records
(1) This section is made for the purposes of subsection 142(1) of the Act.
(2) The administrator of an approved co‑regulatory arrangement in relation to television or computer products must make and retain accurate records relating to the administration or operation of the arrangement, including technical data, certifications and inspection records relating to the following:
(a) the outcomes to be achieved by the co‑regulatory arrangement specified in Part 3;
(b) the matters to be dealt with by the co‑regulatory arrangement under Part 4;
(c) reporting requirements under this Part.
(3) The administrator must retain each record for 5 years from the day the record is made.
Part 6—Application, saving and transitional provisions
Division 1—Provisions for this instrument as originally made
27 Retaining old records
(1) This section is made for the purposes of item 1 of Schedule 3 to the Recycling and Waste Reduction (Consequential and Transitional Provisions) Act 2020.
(2) Subsection 26(3) applies to records made under regulation 5.01 of the Product Stewardship (Televisions and Computers) Regulations 2011 (applying because of the Product Stewardship Act 2011 or the Recycling and Waste Reduction (Consequential and Transitional Provisions) Act 2020), as well as to records made under subsection 26(2) of this instrument.
Part Part 6 - Recycling and Waste Reduction (Product Stewardship—Televisions and Computers) Rules 2021 - Application, saving and transitional provisions | Zoe