64RMonitoring and enforcement of compliance

64R Monitoring and enforcement of compliance (1) A scheme administration agreement may— (a) set out the monitoring, reporting and audit requirements to be included in a scheme arrangement; and (b) provide for the exercise of functions under part 13 (Enforcement) by the waste manager (and authorised people appointed by the director-general) in relation to the agreement; and (c) require a scheme arrangement to provide for the exercise of functions under part 13 by the waste manager (and authorised people appointed by the director-general) in relation to the scheme arrangement; and (d) set out any other measures to be taken by the scheme coordinator or network operator to whom the agreement applies to ensure that the parties comply with a scheme arrangement.

Scheme compliance Division 10A.5 (2) If a scheme administration agreement provides, or a scheme arrangement provides (or is required under a scheme administration agreement to provide), for the exercise of functions under part 13 in relation to the agreement or arrangement, part 13 extends to the exercise of functions by the waste manager (and by authorised people appointed by the director-general) for— (a) deciding whether there has been compliance with, or a contravention of, the agreement or arrangement (or any condition of an approval granted by the waste manager in relation to the arrangement); and (b) obtaining information or records about the monitoring or audit of the activities of parties to the agreement or arrangement in relation to the performance of their obligations under the agreement or arrangement. (3) Part 13 applies as if the responsibilities and functions of the waste manager under this Act included the matters mentioned in subsection (2). (4) This section does not affect the exercise of functions under part 13 in relation to this Act that are authorised to be exercised without reliance on this section.