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Authorised by the Parliamentary Counsel
(c) with the consent of the person to whom the
criminal history information relates.
(4) A person who possesses a report given to the chief
executive under section 102DB must ensure the
report is destroyed as soon as practicable after it is
no longer needed for the purpose for which it was
given.
(5) In this section—
criminal history information means information
contained in a report given to the chief executive
under section 102DB.
102DD Corporations Act displacement
A provision of this part, to the extent the provision
is incapable of concurrent operation with a
provision of the Corporations Act, is declared to
be a Corporations legislation displacement
provision for section 5G of that Act.
Note—
Section 5G of the Corporations Act provides that if a
State law declares a provision of a law of a State to be a
Corporations legislation displacement provision, any
provision of the Corporations legislation with which the
State provision would otherwise be inconsistent does
not apply to the extent necessary to avoid the
inconsistency.
12 Amendment of s 243 (Obstructing authorised person)
(1) Section 243, heading, ‘Obstructing’—
omit, insert—
Obstruction of
(2) Section 243(3)—
omit.
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13 Amendment of s 245 (Definitions for chapter)
Section 245, definition prescribed provision, paragraph (b),
‘chapter 4, part 5, division 5’—
omit, insert—
chapter 4, part 5, division 7
14 Insertion of new ch 16, pt 7
Chapter 16—
insert—
Part 7 Transitional provisions
for Waste Reduction
and Recycling
(Strengthening the
Container Refund
Scheme) Amendment
Act 2026
338 Definitions for part
In this part—
current Organisation see section 339(1).
new, in relation to a provision of this Act, means
the provision as in force from the commencement.
339 Company appointed before commencement
(1) The appointment of a company as the Product
Responsibility Organisation (the current
Organisation) in effect immediately before the
commencement continues under new chapter 4,
part 5 as provided under this part.
(2) The appointment of the current Organisation ends
on the day that is 3 years after the
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Amendment Bill 2026
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Authorised by the Parliamentary Counsel
commencement, unless the appointment of the
current Organisation is renewed under new
chapter 4, part 5, division 6.
(3) Subsection (1) applies despite new sections
102AE(c), 102AF and 102AG.
340 Constitution of current Organisation
(1) The constitution of the current Organisation in
effect on the commencement is, for the period of
3 months after the commencement, taken to
comply with section 102AF.
(2) The current Organisation must, within the period
mentioned in subsection (1), amend the
constitution so that the constitution complies with
section 102AF.
341 Term of appointment of directors appointed
before commencement
(1) This section applies to a person who is a director
of the board of the current Organisation
immediately before the commencement.
(2) The person’s appointment as a director of the
board ends on the earlier of the following days—
(a) the day the person’s appointment ends under
the terms of the appointment or under this
Act;
(b) the day that is 18 months after the
commencement.
(3) Any period the person held office in the current
Organisation as a director before or after the
commencement must be included in working out
the number of years under section 102AH(3).
(4) No compensation or other amount is payable to
any person because of this section.
(5) This section has effect despite—
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(a) any Act or law; or
(b) any provision of any document, including,
for example, an appointment, contract or
arrangement.
342 Particular corporate documents prepared
before commencement
(1) This section applies to a budget, strategic plan or
operational plan (each a current document) of the
current Organisation that is in effect for the
financial year in which this section commences.
(2) The current document is taken to be the
corresponding corporate document for the
financial year.
(3) Subsection (2) applies despite new sections
102BP and 102BQ.
(4) In this section—
corresponding corporate document, in relation to
a current document, means the corporate
document mentioned in new section 102BO(1)
that corresponds or substantially corresponds to
the current document.
343 Particular corporate documents not required
for financial year on commencement
New section 102BO(1)(d) to (j) does not apply for
the financial year in which this section
commences.
344 First annual general meeting of current
Organisation
The first annual general meeting of the current
Organisation is taken to have been held on 30
September 2018.
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345 Records created or received before
commencement
(1) This section applies to a document created or
received by the current Organisation in the
performance of the current Organisation’s
functions under this Act before the
commencement.
(2) For new section 102CD, the document is taken to
have been created or received by the current
Organisation on the commencement.
346 Transitional regulation-making power
(1) A regulation (a transitional regulation) may
make provision of a saving or transitional nature
about any matter—
(a) for which it is necessary to make provision
to allow or facilitate the doing of anything to
achieve the transition from the operation of
this Act as in force before the
commencement to the operation of this Act
as in force after the commencement; and
(b) for which this Act does not provide or
sufficiently provide.
(2) A transitional regulation may have retrospective
operation to a day not earlier than the day this
section commences.
(3) A transitional regulation must declare it is a
transitional regulation.
(4) This section and any transitional regulation expire
2 years after this section commences.
15 Amendment of sch 1 (Dictionary)
(1) Schedule 1, definitions amendment application, applicant,
container refund scheme, criminal history, eligible company,
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eligible individual, Organisation, proposed action, scheme,
show cause notice and show cause period—
omit.
(2) Schedule 1—
insert—
amendment application, for chapter 8, part 3, see
section 173M(1).
applicant, for chapter 4, part 5, see section
102AR.
board, for chapter 4, part 5, see section 102AB.
corporate document, for chapter 4, part 5, see
section 102BO(1).
criminal history, of a person, for chapter 4, part 5,
see section 102AB.
disclose includes give access to.
eligible company, for chapter 4, part 5, see section
102AE.
eligible individual, for chapter 4, part 5, see
section 102AB.
former Organisation, for chapter 4, part 5,
division 9, see section 102CX.
independent auditor, in relation to an audit, for
chapter 4, part 5, see section 102AB.
member, of a company, for chapter 4, part 5, see
section 102AB.
new Organisation, for chapter 4, part 5, division
9, see section 102CX.
obstruct includes hinder, resist, attempt to
obstruct and threaten to obstruct.
Organisation see section 102AD(2).
proposed action, for chapter 8A, see section
173ZB(1).
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