Recycling and Waste Reduction Act 2020 (Cth)

Recycling and Waste Reduction Act 2020

No. 119, 2020

Compilation No. 2

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Recycling and Waste Reduction Act 2020 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Chapter 1—Introduction Part 1—Preliminary provisions 1 Short title 2 Commencement 3 Objects of this Act 4 Minister to have regard to certain matters in exercising powers and functions 5 Simplified outline of this Act 6 Act binds the Crown 7 Extension to external Territories 8 Extraterritorial application 9 Concurrent operation of State and Territory laws Part 2—Interpretation 10 The Dictionary 11 Definition of associate 12 Definition of entered for export 13 Definition of export operations 14 When the product stewardship criteria are satisfied 15 Definition of waste material Chapter 2—Regulating the export of waste material Part 1—Introduction 16 Simplified outline of this Chapter Part 2—Exporting waste material 17 Rules may prescribe waste material for the purposes of this Act 18 Rules may prohibit export of regulated waste material subject to conditions 19 Export declaration—general requirements 20 Exporting regulated waste material—non‑compliance with prescribed export conditions 21 Knowingly making false or misleading representation about regulated waste material that is entered for export 22 Recklessly making false or misleading representation about regulated waste material that is entered for export 23 Knowingly making false or misleading representation in relation to an export declaration 24 Recklessly making false or misleading representation in relation to an export declaration Part 3—Exemptions 25 Application for exemption 26 Minister must decide whether to grant exemption 27 Exemption may be granted subject to conditions 28 Notice of decision 29 Period of effect of exemption 30 Variation of conditions of exemption 31 Revocation of exemption 32 Effect of exemption Part 4—Grant of export licence 33 Application for export licence 34 Minister must decide whether to grant export licence 35 Conditions of export licence 36 Matters to be stated in export licence 37 Period of effect of export licence Part 5—Renewal of export licence 38 Application to renew export licence 39 Minister must decide whether to renew export licence 40 Conditions of renewed export licence 41 Matters to be stated in renewed export licence Part 6—Variation of export licence Division 1—Application by holder 42 Application by holder to vary export licence 43 Notice of variation Division 2—Variation by Minister 44 Minister may vary export licence 45 Notice of variation Part 7—Suspension of export licence 46 Grounds for suspension—general 47 Grounds for suspension—overdue relevant Commonwealth liability 48 Notice of suspension 49 Period of suspension 50 Revocation of suspension 51 Effect of suspension 52 Export operations must not be carried out if export licence is suspended Part 8—Revocation of export licence Division 1—Revocation requested by holder 53 Holder may request revocation Division 2—Revocation by Minister 54 Grounds for revocation—general 55 Grounds for revocation—overdue relevant Commonwealth liability 56 Notice of revocation Division 3—Other provisions 57 Export operations must not be carried out after export licence revoked 58 Minister may require action to be taken after export licence revoked Part 9—Obligations of holders of export licences 59 Conditions of export licence must not be contravened 60 Additional or corrected information in relation to application for licence etc. 61 Holder of export licence must notify the Minister of certain events Part 10—Other matters 62 Persons who participate in the management or control of another person's export business 63 Minister's powers in relation to associates of holder of export licence 64 Minister may give directions to holder of export licence 65 Publishing information about exemptions and export licences 65A Quarterly reports Chapter 3—Product stewardship Part 1—Introduction 66 Simplified outline of this Chapter Part 2—Minister's priority list 67 Minister's priority list 68 Tabling of Minister's priority list and statement relating to product stewardship arrangements Part 3—Voluntary product stewardship 69 Exercising rights in product stewardship logo in accordance with accredited voluntary arrangement 70 Accreditation of voluntary arrangements 71 Only certain kinds of voluntary arrangements can be accredited 72 Administrator of accredited voluntary arrangement must notify the Minister of certain events 73 What is a product stewardship logo 74 What are the Commonwealth's intellectual property rights in a product stewardship logo 75 Commonwealth's intellectual property rights not limited Part 4—Co‑regulatory product stewardship Division 1—Requirements for liable parties and administrators of co‑regulatory arrangements Subdivision A—Requirement for liable party to be member of approved co‑regulatory arrangement 76 Liable party to be member of approved co‑regulatory arrangement 77 Who is a liable party in relation to a product 78 What is an approved co‑regulatory arrangement 79 Outcomes for approved co‑regulatory arrangements 80 Matters to be dealt with by co‑regulatory arrangements Subdivision B—Requirements for administrators of approved co‑regulatory arrangements 81 Administrator to achieve outcomes for co‑regulatory arrangement 82 Administrator must notify the Minister of certain events Subdivision C—Requirements for liable parties and administrators 83 Requirement to give reports to the Minister Division 2—Approving co‑regulatory arrangements 84 Approving co‑regulatory arrangements—application 85 Approving co‑regulatory arrangements—decision Division 3—Reviewing co‑regulatory arrangements and cancelling approvals 86 Reviewing approved co‑regulatory arrangements 87 Cancelling approvals of co‑regulatory arrangements Division 4—Improvement notices 88 Improvement notices Division 5—Other matters relating to co‑regulatory product stewardship 89 Co‑regulatory product stewardship—anti‑avoidance 90 Additional or corrected information in relation to approved co‑regulatory arrangements 91 Co‑regulatory product stewardship—replacing administrator Part 5—Mandatory product stewardship 92 Mandatory product stewardship requirements may be prescribed by rules 93 Mandatory product stewardship—satisfying product stewardship criteria and furthering objects etc. 94 Mandatory product stewardship—constitutional connection Part 6—Other matters 95 Publishing information about arrangements Chapter 4—Administration Part 1—Introduction 96 Simplified outline of this Chapter Part 2—Compliance and enforcement Division 1—Powers of investigation and enforcement 97 General monitoring powers 98 Additional monitoring powers etc. 99 General investigation powers 100 Additional investigation powers etc. 101 Civil penalty provisions 102 Infringement notices 103 Enforceable undertakings 104 Injunctions Division 2—Power to give directions 105 Direction to assist persons performing functions etc. under this Act 106 Direction to deal with non‑compliance with the requirements of this Act etc. 107 General provisions relating to directions Division 3—Audits Subdivision A—Minister may require audits to be conducted 108 Audit of export operations 109 Audit of product stewardship arrangements 110 Audit in relation to persons performing functions or exercising powers under this Act 111 Single audit or program of audits may be required 112 Matters relating to audits 113 Powers of auditors 114 Relevant person for an audit 115 Relevant person for an audit must provide facilities and assistance Subdivision B—Approved auditors 116 Minister may approve persons to conduct audits 117 Approved auditors may charge fees Division 4—Miscellaneous 118 Physical elements of offences 119 Contravening an offence provision or a civil penalty provision 120 Notification of conviction of offence, order to pay pecuniary penalty etc.—participants in product stewardship arrangements, export licence holders and applicants for licences 121 Notification of conviction of offence or order to pay pecuniary penalty—third party authorised officers etc. 122 Minister may publicise certain offences, contraventions and decisions 123 Identity cards 124 Offence—failure to return identity card Part 3—Authorised officers Division 1—Authorisation 125 Authorisation of persons to be authorised officers 126 Conditions of authorisation 127 Third party authorised officers must not contravene conditions of authorisation 128 Arrangements for State or Territory officers or employees to be authorised officers 129 Training and qualification requirements for authorised government enforcement officers Division 2—Variation, suspension and revocation of authorisation Subdivision A—Variation, suspension and revocation on Secretary's own initiative 130 Variation of authorisation 131 Suspension of authorisation 132 Revocation of authorisation 133 Notice of proposed action must be given to third party authorised officer Subdivision B—Variation, suspension and revocation on application or request by third party authorised officer 134 Application for variation of authorisation 135 Request for suspension of authorisation 136 Request for revocation of authorisation Subdivision C—Other provisions 137 Secretary may request notification of certain events by suspended third party authorised officer Division 3—Functions and powers 138 Rules may confer functions or powers on authorised officers 139 Functions and powers of authorised officers 140 Third party authorised officer must not contravene direction 141 Certain authorised officers may charge fees Part 4—Record‑keeping 142 Requirements to make and retain records Part 5—Information management Division 1—Information gathering powers 143 Power to require information or documents 144 Providing and disseminating information Division 2—False or misleading information or documents 145 False or misleading statements in applications 146 False or misleading information 147 False or misleading documents Division 3—Protecting information 148 Offence—using or disclosing commercially sensitive information 149 Authorised uses and disclosures 150 Disclosing commercially sensitive information to courts and tribunals etc. Part 6—Review of decisions 151 Persons affected by reviewable decisions 152 Notice of decisions and review rights 153 Internal review 154 Review of decisions by Administrative Review Tribunal Part 7—Fees and charges Division 1—Fees 155 Charging of fees 156 Commonwealth not liable to pay a fee 157 Recovery of fees 158 Minister may direct that activities not be carried out Division 2—Waste material export charge 159 Rules relating to waste material export charge 160 Recovery of waste material export charge and late payment penalty 161 Minister may direct that activities not be carried out 162 Commonwealth liable to pay waste material export charge and late payment penalties Part 8—Other matters 163 Methods for taking, testing and analysing certain samples 164 Storage of samples 165 Test or analysis may result in destruction or reduction in value of sample 166 Appointment of analyst 167 Analyst may give certificate 168 Admission of analyst's certificate in proceedings 169 Hindering compliance with this Act etc. 170 Influencing a person performing functions or duties or exercising powers Chapter 5—Other matters 171 Simplified outline of this Chapter 172 General requirements for making applications 173 Additional or corrected information in relation to applications 174 Dealing with applications 175 Fit and proper persons 176 Treatment of partnerships 177 Treatment of unincorporated associations 178 Treatment of trusts 179 Arrangements with States and Territories to help give effect to this Act 180 Protection from civil proceedings 181 Circumstances in which relevant Commonwealth liability of a person is taken to have been paid 182 Power to arrange for certain decisions to be made by computer programs 183 Compensation for acquisition of property 184 Annual report 185 Review of operation of this Act 186 Delegation—Minister 187 Delegation—Secretary 188 Rules Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history