Commonwealth: 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 An Act to reduce the environmental and other impacts of products and waste material, and for related purposes Chapter 1—Introduction Part 1—Preliminary provisions 1 Short title This Act is the Recycling and Waste Reduction Act 2020. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act The day after this Act receives the Royal Assent. 16 December 2020 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Objects of this Act (1) The objects of this Act are as follows: (a) to reduce the impact on human and environmental health of products, waste from products and waste material, including by reducing the amount of greenhouse gases emitted, energy and resources used and water consumed in connection with products, waste from products and waste material; (b) to realise the community and economic benefits of taking responsibility for products, waste from products and waste material; (c) to develop a circular economy that maximises the continued use of products and waste material over their life cycle and accounts for their environmental impacts; (d) to contribute to Australia meeting its international obligations concerning the impact referred to in paragraph (a). (2) These objects are to be achieved by: (a) regulating the export of waste material to promote its management in an environmentally sound way; and (b) encouraging and regulating the reuse, remanufacture, recycling and recovery of products, waste from products and waste material in an environmentally sound way; and (c) encouraging and regulating manufacturers, importers, distributors, designers and other persons to take responsibility for products, including by taking action that relates to: (i) reducing or avoiding generating waste through improvements in product design; and (ii) improving the durability, reparability and reusability of products; and (iii) managing products throughout their life cycle. 4 Minister to have regard to certain matters in exercising powers and functions In performing functions and exercising powers under this Act, the Minister must take a precautionary approach in relation to protecting human and environmental health. 5 Simplified outline of this Act This Act creates a framework for reducing the impact on human and environmental health of waste material. Waste material includes any thing that is discarded, rejected or left over from an industrial, commercial, domestic or other activity, and any thing that is surplus to or a by‑product of those activities. The Minister may, in rules made under this Act, prescribe kinds of waste material. If the Minister does so, the waste material is called regulated waste material and its export may be prohibited by the rules unless certain conditions prescribed by the rules (called prescribed export conditions) are complied with. Conditions may include a requirement to hold an export licence to export the regulated waste material and to provide the Minister with an export declaration before the regulated waste material is exported. The Minister may, on application, grant an exemption to people who wish to export regulated waste material from complying with certain requirements imposed by this Act. An exemption remains in force for up to 12 months, and may be granted subject to conditions. An exemption can be revoked. This Act also creates a framework for reducing the impact on human and environmental health of products and waste from products. A product can include any thing that is manufactured. This Act provides for 3 regimes relating to product stewardship, each of which is designed to encourage or require manufacturers, importers, distributors and other persons to take responsibility for products including, for example, through improved product design. The first regime, called voluntary product stewardship, involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in accordance with such arrangements. The second regime, called co‑regulatory product stewardship, involves requiring some manufacturers, importers, distributors and users of products (called liable parties), who have been specified in the rules, to be members of co‑regulatory arrangements approved by the Minister. These arrangements must have outcomes, specified in the rules, that are designed to further the objects of this Act. The third regime, called mandatory product stewardship, enables rules to be made that require specified persons to take, or not to take, specified action in relation to products. Authorised officers have powers to ensure people are complying with this Act, to investigate non‑compliance and to enforce this Act. Enforcement mechanisms include infringement notices, enforceable undertakings and injunctions. Auditors can conduct audits in relation to export operations, product stewardship arrangements and the performance of functions and the exercise of powers under this Act. The rules may require persons who have obligations under this Act to make and retain specified kinds of records. The Minister has various powers to gather information relating to regulated waste material, product stewardship, the objects of this Act and other matters. The use and disclosure of certain kinds of information is regulated. Certain decisions under this Act may be reviewed by the Minister and by the Administrative Review Tribunal. Fees may be charged relating to activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under this Act. The rules may also make provision in relation to the payment of waste material export charge (which is a tax imposed under related legislation). 6 Act binds the Crown (1) This Act binds the Crown in each of its capacities. (2) However, this Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of the Crown. 7 Extension to external Territories This Act extends to every external Territory. 8 Extraterritorial application This Act extends to acts, omissions, matters and things outside Australia. 9 Concurrent operation of State and Territory laws This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act. Part 2—Interpretation 10 The Dictionary In this Act: accredited voluntary arrangement: see subsection 70(1). accrediting authority: see paragraph 70(3)(c). administrator: (a) of a voluntary arrangement: see paragraph 71(c); and (b) of a co‑regulatory arrangement: see paragraph 85(3)(e). affected: for when a person is affected by a reviewable decision, see section 151. approved auditor means a person approved under subsection 116(1) to conduct audits. approved co‑regulatory arrangement: see section 78. artistic work has the same meaning as in the Copyright Act 1968. associate: see section 11. auditor means: (a) an approved auditor; or (b) a Commonwealth authorised officer; or (c) a State or Territory authorised officer. Australia, when used in a geographical sense, includes the external Territories. Australian law means a law of the Commonwealth, or of a State or Territory. authorised government enforcement officer means a Commonwealth authorised officer, or a State or Territory authorised officer, who satisfies the requirements determined under section 129. authorised officer means a person who is authorised under section 125 to be an authorised officer for the purposes of this Act. child has a meaning affected by subsection 11(2). civil penalty order has the same meaning as in the Regulatory Powers Act. civil penalty provision has the same meaning as in the Regulatory Powers Act. Commonwealth authorised officer means an authorised officer who is an officer or employee of the Commonwealth, or an authority of the Commonwealth. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. constitutional trade or commerce means trade or commerce: (a) between Australia and a place outside Australia; or (b) among the States; or (c) between a State and a Territory; or (d) between 2 Territories. conveyance means: (a) an aircraft; or (b) a vessel. de facto partner of a person has the meaning given by the Acts Interpretation Act 1901. distribute includes sell and supply, whether for consideration or not. engage in conduct means: (a) do an act; or (b) omit to perform an act. entered for export: see section 12. expiry date, for an export licence: see subsection 37(4). export means export from Australia. export business means a business that carries out export operations in relation to a kind of waste material. export declaration means a written declaration of an intention to export regulated waste material that complies with section 19. export licence means an export licence granted under Part 4 of Chapter 2. export operations: see section 13. Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013. improvement notice means a notice given under section 88. intellectual property rights: see section 74. liable party in relation to a product: see section 77. life cycle of a product includes: (a) the time when the product begins to be manufactured; and (b) the time when the product is waste. Minister's priority list: see section 67. parent has a meaning affected by subsection 11(4). prescribed export conditions means conditions prescribed by rules made for the purposes of section 18. prescribed law means: (a) a law (other than this Act) that is administered by the Minister; or (b) an Australian law that is prescribed by the rules. product means a thing (including a substance or mixture of substances) that is: (a) manufactured; or (b) prescribed by the rules; and includes a class of such things. product return payment: see subsection 92(8). product stewardship criteria: see section 14. product stewardship logo: see section 73. prospective liable party: see subsection 89(1). protected information: see subsection 148(3). recover includes recover resources, material or energy from products, waste from products or waste material. regulated waste material: see section 17. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. related body corporate has same meaning as in the Corporations Act 2001. relevant Commonwealth liability means: (a) any of the following that are due and payable: (i) a fee payable under this Act; (ii) a charge imposed by the Recycling and Waste Reduction Charges (Customs) Act 2020; (iii) a charge imposed by the Recycling and Waste Reduction Charges (Excise) Act 2020; (iv) a charge imposed by the Recycling and Waste Reduction Charges (General) Act 2020; or (b) penalties for late payment of a fee or charge described in subparagraphs (a)(i) to (iv); or (c) a pecuniary penalty, or other liability for an amount, imposed by or under a prescribed law. Note: A relevant Commonwealth liability of a person is taken to have been paid for the purposes of a provision of this Act in certain circumstances (see section 181). relevant court means: (a) the Federal Court of Australia; or (b) the Federal Circuit and Family Court of Australia (Division 2); or (c) a Supreme Court of a State or Territory. relevant person, for an audit under Division 4 of Part 2 of Chapter 4, has the meaning given by section 114. reviewable decision: see section 151. rules means the rules made under section 188. scheme: see subsection 89(6). Secretary means the Secretary of the Department. State or Territory authorised officer means an authorised officer who is an officer or employee: (a) of a State or Territory; or (b) of an authority of a State or Territory. stepchild has a meaning affected by subsection 11(3). third party authorised officer means a person who is authorised under subsection 125(5) to be a third party authorised officer. this Act includes: (a) the rules; and (b) the Regulatory Powers Act as it applies in relation to this Act. trade mark has the same meaning as in the Trade Marks Act 1995. waste, in relation to a product, means waste associated with the product over the life cycle of the product. waste material: see section 15. waste material export charge means a charge imposed under: (a) section 7 of the Recycling and Waste Reduction Charges (Customs) Act 2020; or (b) section 7 of the Recycling and Waste Reduction Charges (Excise) Act 2020; or (c) section 7 of the Recycling and Waste Reduction Charges (General) Act 2020. 11 Definition of associate (1) Associate of a person (the first person) includes each of the following: (a) a spouse, de facto partner, child (who is at least 18 years old) or parent of the first person; (b) a person not mentioned in paragraph (a) who is or was: (i) directly or indirectly concerned in; or (ii) in a position to control or influence the conduct of; a business or undertaking of: (iii) the first person; or (iv) a corporation of which the first person is an officer or employee, or in which the first person holds shares; (c) a corporation of which the first person, or any of the other persons mentioned in paragraph (a) or (b), is an officer or employee; (d) if the first person is a body corporate—another body corporate that is a related body corporate of the first person. (2) Without limiting who is a child of another person for the purposes of this Act, a person is the child of another person if the person is: (a) a stepchild or adopted child of the other person; or (b) a child of the other person within the meaning of the Family Law Act 1975. (3) Without limiting who is a stepchild of another person for the purposes of this Act, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person's stepchild except that the other person is not legally married to the partner. (4) Without limiting who is a parent of another person for the purposes of this Act, a person is the parent of another person if the other person is a child of the person because of the definition of child in subsection (2). 12 Definition of entered for export Waste material is entered for export if, in the course of export operations, the waste material is presented to, or information or a document about the waste material is given to: (a) the Minister; or (b) an authorised officer; or (c) another person who is authorised to exercise powers or perform functions under this Act in relation to the waste material; for the purpose of the Minister, authorised officer or other person exercising powers or performing functions under this Act in relation to the waste material. 13 Definition of export operations Export operations means: (a) operations to export waste material; or (b) operations to produce, or prepare, waste material for export; or (c) operations (other than operations referred to in paragraph (a) or (b)) in relation to waste material for export before it is exported. 14 When the product stewardship criteria are satisfied The product stewardship criteria are satisfied in relation to a product if: (a) the product is sold in more than one State or Territory; and (b) at least one of the following applies in relation to the product: (i) the product contains hazardous substances; (ii) there is the potential to significantly increase the conservation of materials used in the product, or the recovery of resources (including materials and energy) from waste from the product; (iii) there is the potential to significantly reduce the impact that the product has on the environment, or that substances in the product have on the environment, or on the health or safety of humans. Note: Whether the product stewardship criteria are satisfied in relation to a product is relevant for determining whether: (a) to accredit a voluntary arrangement in relation to that product (see subsection 70(4)); or (b) rules can be made under this Act in relation to the product (see sections 77 (co‑regulatory product stewardship—liable parties for products) and 93 (mandatory product stewardship criteria)). 15 Definition of waste material (1) Waste material means any thing (including a substance or mixture of substances) that is: (a) discarded, rejected or left over from an industrial, commercial, domestic or other activity; or (b) surplus to or a by‑product of an industrial, commercial, domestic or other activity; or (c) prescribed by the rules. (2) Waste material can be a gas, liquid, solid or energy, or a combination of any of them. (3) A thing can be waste material whether or not: (a) it is of value; or (b) it is or may be processed, recycled, re‑used or recovered. Chapter 2—Regulating the export of waste material Part 1—Introduction 16 Simplified outline of this Chapter The rules may prescribe kinds of waste material (called regulated waste material) for the purposes of this Act. The rules may prohibit the export of regulated waste material unless conditions prescribed by the rules (called prescribed export conditions) are complied with. A person commits an offence, or is liable to a civil penalty, if the person: (a) exports regulated waste material in contravention of prescribed export conditions; or (b) makes false or misleading representations about regulated waste material that is entered for export. The Minister may grant an exemption from one or more provisions of this Act in relation to regulated waste material. An exemption remains in force for up to 12 months, and may be granted subject to conditions. An exemption can be revoked. The Minister may, on application by a person, grant the person an export licence to carry out a kind of export operations in relation to a kind of regulated waste material. An export licence is subject to certain conditions and it may remain in force for a specified period or until a specified event occurs. It cannot remain in force for more than 3 years. An export licence may be varied, renewed, suspended or revoked. The holder of an export licence must comply with certain obligations, including complying with licence conditions and notifying the Minister of specified events. The Minister may also give written directions to the holder of an export licence which must be complied with. The Minister must publish certain information on the Department's website about exemptions and export licences that have been granted, including the name of the holder of an exemption or licence, and the kind of regulated waste material that is covered by an exemption or licence. The Minister must also prepare a quarterly report containing this information. Part 2—Exporting waste material 17 Rules may prescribe waste material for the purposes of this Act (1) The rules may prescribe a kind of waste material for the purposes of this Act. Note: For prescribing by class, see subsection 13(3) of the Legislation Act 2003. (2) Waste material prescribed for the purposes of subsection (1) is regulated waste material. 18 Rules may prohibit export of regulated waste material subject to conditions (1) The rules may prohibit the export of regulated waste material unless conditions prescribed by the rules are complied with. Note: Failure to comply with prescribed export conditions, which must be met before the regulated waste material is exported, is an offence and a civil penalty provision (see section 20). (2) Without limiting subsection (1), the rules may prescribe conditions in relation to the export of regulated waste material that: (a) require the waste material to be exported: (i) in accordance with an export licence; or (ii) in any other way prescribed by the rules; or (b) require export operations to be carried out in relation to the waste material: (i) in accordance with an export licence; or (ii) in any other way prescribed by the rules; or (c) require the exporter to give an export declaration to the Minister before the waste material is exported; or (d) require the exporter to hold either or both of the following: (i) an export licence covering the waste material; (ii) another kind of permission, consent or approval, granted as prescribed by the rules, to export the waste material. (3) Without limiting paragraph (2)(c), the rules may require the export declaration to be given within a specified period or before a specified event occurs. 19 Export declaration—general requirements (1) An export declaration must: (a) if the Minister has approved, in writing, a manner for giving the declaration—be given in an approved manner; and (b) if the Minister has approved a form for the declaration: (i) include the information required by the form; and (ii) be accompanied by any documents required by the form; and (c) include the information (if any) prescribed by the rules; and (d) be accompanied by any documents prescribed by the rules; and (e) be signed and dated by the exporter of the regulated waste material to which the declaration relates. Note 1: The export of regulated waste material may be prohibited unless an export declaration relating to the waste material is given (see section 18 and rules made for the purposes of that section). Note 2: A person may commit an offence or be liable to a civil penalty if the person provides false or misleading information or documents (see sections 146 and 147 of this Act and sections 137.1 and 137.2 of the Criminal Code). (2) An export declaration is taken not to have been given if the declaration does not comply with the requirements in subsection (1). (3) To avoid doubt, the Minister may approve: (a) different forms for export declarations in relation to different kinds of regulated waste material; or (b) a single form for an export declaration for the export of consignments of more than one kind of regulated waste material. 20 Exporting regulated waste material—non‑compliance with prescribed export conditions (1) A person contravenes this subsection if: (a) the person exports waste material; and (b) the waste material is regulated waste material; and (c) the export of the waste material is prohibited unless prescribed export conditions are complied with; and (d) prescribed export conditions are not complied with. Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1). Penalty: Imprisonment for 5 years or 300 penalty units, or both. (3) For the purposes of subsection (2), strict liability applies to paragraphs (1)(b) and (c). Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1). Civil penalty: 600 penalty units. When waste material is exported (5) For the purposes of this section, waste material is exported when the conveyance transporting the waste material from Australia starts its journey to a place outside Australia (whether or not that place is the intended final overseas destination for the waste material). 21 Knowingly making false or misleading representation about regulated waste material that is entered for export (1) A person contravenes this subsection if: (a) waste material is entered for export by the person; and (b) the waste material is regulated waste material; and (c) the export of the waste material is prohibited unless prescribed export conditions are complied with; and (d) at the time the waste material is entered for export: (i) the person represents (either expressly or by necessary implication) that the prescribed export conditions applicable, at or before that time, in relation to the export of the waste material have been complied with; and (ii) the person does so knowing that the representation is false or misleading. Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1). Penalty: Imprisonment for 5 years or 300 penalty units, or both. (3) For the purposes of subsection (2), strict liability applies to paragraphs (1)(b) and (c). Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1). Civil penalty: 600 penalty units. Exception (5) Subsection (1) does not apply if the representation is not false or misleading in a material particular. Note: A defendant bears an evidential burden in relation to the matters mentioned in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act). 22 Recklessly making false or misleading representation about regulated waste material that is entered for export (1) A person contravenes this subsection if: (a) waste material is entered for export by the person; and (b) the waste material is regulated waste material; and (c) the export of the waste material is prohibited unless prescribed export conditions are complied with; and (d) at the time the waste material is entered for export: (i) the person represents (either expressly or by necessary implication) that the prescribed export conditions applicable, at or before that time, in relation to the export of the waste material have been complied with; and (ii) the person does so reckless as to whether the representation is false or misleading. Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1). Penalty: Imprisonment for 3 years or 180 penalty units, or both. (3) For the purposes of subsection (2), strict liability applies to paragraphs (1)(b) and (c). Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1). Civil penalty: 360 penalty units. Exception (5) Subsection (1) does not apply if the representation is not false or misleading in a material particular. Note: A defendant bears an evidential burden in relation to the matters mentioned in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act). 23 Knowingly making false or misleading representation in relation to an export declaration (1) A person contravenes this subsection if: (a) waste material is entered for export by the person; and (b) the waste material is regulated waste material; and (c) at the time the waste material is entered for export: (i) the person makes a representation (either expressly or by necessary implication) in relation to any matters that are to be stated in an export declaration; and (ii) the person does so knowing that the representation is false or misleading. Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1). Penalty: Imprisonment for 5 years or 300 penalty units, or both. (3) For the purposes of subsection (2), strict liability applies to paragraph (1)(b). Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1). Civil penalty: 600 penalty units. Exception (5) Subsection (1) does not apply if the representation is not false or misleading in a material particular. Note: A defendant bears an evidential burden in relation to the matters mentioned in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act). 24 Recklessly making false or misleading representation in relation to an export declaration (1) A person contravenes this subsection if: (a) waste material is entered for export by the person; and (b) the waste material is regulated waste material; and (c) at the time the waste material is entered for export: (i) the person makes a representation (either expressly or by necessary implication) in relation to any matters that are to be stated in an export declaration; and (ii) the person does so reckless as to whether the representation is false or misleading. Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1). Penalty: Imprisonment for 3 years or 180 penalty units, or both. (3) For the purposes of subsection (2), strict liability applies to paragraph (1)(b). Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1). Civil penalty: 360 penalty units. Exception (5) Subsection (1) does not apply if the representation is not false or misleading in a material particular. Note: A defendant bears an evidential burden in relation to the matters mentioned in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act). Part 3—Exemptions 25 Application for exemption An application for an exemption from one or more provisions of this Chapter or rules made for the purposes of this Chapter in relation to regulated waste material may be made to the Minister by: (a) a person who wishes to export regulated waste material; or (b) a person prescribed by the rules. Note: See sections 172, 173 and 174 for additional matters relating to applications. 26 Minister must decide whether to grant exemption (1) On receiving an application made under section 25 for an exemption, the Minister must decide: (a) to grant the exemption; or (b) to refuse to grant the exemption. Note: A decision under this subsection is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152). (2) The Minister may grant the exemption if the Minister is satisfied, having regard to any matter prescribed by the rules and any other matter that the Minister considers relevant, that: (a) any requirements prescribed by the rules are met; and (b) it is appropriate to grant the exemption. Note: An exemption generally must not be varied (see subsection 30(1)). (3) In considering whether it is appropriate to grant the exemption, the Minister: (a) must have regard to the objects of this Act; and (b) may have regard to any other matter. (4) If the Minister grants the exemption, the Minister must: (a) decide that the exemption remains in force until a specified event occurs (which must not occur more than 12 months after the day the exemption takes effect); or (b) decide that the exemption remains in force for a specified period (which cannot be more than 12 months after the day the exemption takes effect). (5) The Minister may decide that the exemption remains in force for a specified period under paragraph (4)(b) even if rules made for the purposes of subsection 29(2) apply in relation to the exemption. 27 Exemption may be granted subject to conditions (1) The Minister may grant an exemption in relation to regulated waste material, subject to any conditions that the Minister considers are necessary. Note: Conditions of an exemption may be varied (see section 30). (2) In considering whether it is necessary to impose conditions on an exemption, the Minister must have regard to: (a) the objects of this Act; and (b) the matters (if any) prescribed by the rules. (3) A person contravenes this subsection if: (a) the person is the holder of an exemption in force under this Part; and (b) the person engages in conduct; and (c) the conduct contravenes a condition of the exemption. Fault‑based offence (4) A person commits an offence if the person contravenes subsection (3). Penalty: Imprisonment for 5 years or 300 penalty units, or both. Civil penalty provision (5) A person is liable to a civil penalty if the person contravenes subsection (3). Civil penalty: 600 penalty units. 28 Notice of decision Instrument of exemption (1) If the Minister decides to grant an exemption in relation to regulated waste material, the Minister must give the applicant for the exemption an instrument of exemption stating the following: (a) the kind of regulated waste material covered by the exemption; (b) if applicable, each place to which the regulated waste material is to be exported under the exemption; (c) the reasons why the Minister is satisfied that it is appropriate to grant the exemption; (d) the provisions of this Act covered by the exemption; (e) the day (which must not be before the grant) when the exemption takes effect; (f) that the exemption remains in force: (i) until a specified event occurs; or (ii) for a specified period; (g) if the exemption remains in force until a specified event occurs—the specified event; (h) if the exemption remains in force for a specified period—the period; (i) any conditions of the exemption; (j) any other information prescribed by the rules. Note: For the purposes of paragraph (f), an exemption cannot remain in force for more than 12 months (see subsection 26(4)). (2) An instrument of exemption given under subsection (1) is not a legislative instrument. Notice of refusal (3) If the Minister decides to refuse to grant an exemption, the Minister must notify the applicant, in writing, of the decision. The notice must include the reasons for the decision. 29 Period of effect of exemption (1) An exemption: (a) takes effect on the day stated in the instrument of exemption under paragraph 28(1)(e); and (b) remains in force until the earliest of the following: (i) if the exemption remains in force until a specified event occurs—the event occurs; (ii) if the exemption remains in force for a specified period—the end of the specified period; (iii) if applicable—the end of the period prescribed by the rules for the purposes of subsection (2); (iv) the exemption is revoked under section 31. (2) The rules may prescribe the period during which an exemption remains in force (which must not exceed 12 months). The rules may apply in relation to: (a) exemptions generally; or (b) exemptions for a kind of regulated waste material; or (c) exemptions in relation to a place to which the regulated waste material may be exported. 30 Variation of conditions of exemption (1) Except as provided by subsection (2), an exemption that is in force under this Part must not be varied. Note: If changes to an exemption are needed, an application for a new exemption must be made. (2) If the Minister considers it necessary to do so, the Minister may vary the conditions of an exemption that is in force under this Part (including by imposing new conditions). (3) In considering whether it is necessary to vary the conditions of an exemption, the Minister must have regard to: (a) the objects of this Act; and (b) the matters (if any) prescribed by the rules. (4) If the Minister varies the conditions of an exemption, the Minister must give the holder of the exemption a written notice stating the following: (a) the varied conditions and any new conditions; (b) the reason for varying the conditions; (c) the day the varied conditions take effect; (d) any other information prescribed by the rules. 31 Revocation of exemption (1) The Minister may revoke an exemption that is in force under this Part. (2) In considering whether to revoke an exemption, the Minister must have regard to: (a) the objects of this Act; and (b) the matters (if any) prescribed by the rules. (3) If the Minister decides to revoke an exemption, the Minister must give the holder of the exemption a written notice stating the following: (a) that the exemption is revoked; (b) the reasons for the revocation; (c) the day the revocation takes effect. 32 Effect of exemption If: (a) a kind of regulated waste material is, or is to be, exported; and (b) the export of the regulated waste material is covered by an exemption from one or more provisions of this Act (the exempted provisions); the exempted provisions do not apply in relation to the export of the regulated waste material. Part 4—Grant of export licence 33 Application for export licence (1) A person may apply to the Minister for an export licence to carry out a kind of export operations in relation to a kind of regulated waste material. Note: See sections 172, 173 and 174 for additional matters relating to applications. (2) An application: (a) may relate to more than one kind of regulated waste material; and (b) may relate to more than one kind of export operations; and (c) may specify one or more places to which the regulated waste material is to be exported. Note: The export of a kind of regulated waste material may be prohibited unless the exporter holds an export licence that covers the export of waste material of that kind (see section 18 and rules made for the purposes of that section). 34 Minister must decide whether to grant export licence (1) On receiving an application for an export licence, the Minister must decide: (a) to grant the applicant an export licence; or (b) to refuse to grant the applicant an export licence. Note 1: See sections 172, 173 and 174 for additional matters relating to applications. Note 2: If the application is for an export licence for more than one kind of regulated waste material for export to more than one place, the Minister may decide to grant an export licence for some or all of those kinds of waste material for export to some or all of those places. Note 3: If the application is for an export licence to carry out more than one kind of export operations in relation to more than one kind of regulated waste material for export to more than one place, the Minister may decide to grant the applicant an export licence to carry out some or all of those kinds of export operations in relation to some or all of those kinds of waste material for export to some or all of those places. Note 4: A decision to refuse to grant an export licence is a reviewable decision (see section 151) and the Minister must give the applicant written notice of the decision (see section 152). (2) In deciding whether to grant the applicant an export licence, the Minister must have regard to the following matters: (a) the objects of this Act; (b) whether the applicant is a fit and proper person; (c) whether all relevant Commonwealth liabilities of the applicant have been paid; (d) if one or more relevant Commonwealth liabilities of the applicant have not been paid—whether the non‑payment is due to exceptional circumstances; (e) whether the applicant is, and is likely to continue to be, able to comply with the conditions to which the export licence, if granted, would be subject; (f) any other matters prescribed by the rules. Note 1: The Minister must have regard to the matters in section 175 in considering whether the applicant is a fit and proper person for the purposes of paragraph (b). Note 2: For the purposes of paragraph (c), a relevant Commonwealth liability of a person is taken to have been paid in certain circumstances (see section 181). (3) In deciding whether to grant the applicant an export licence, the Minister may have regard to any other matter that the Minister considers relevant. (4) If the Minister grants the applicant an export licence, the Minister must: (a) decide that the licence remains in force until a specified event occurs (which must not occur more than 3 years after the day the licence takes effect); or (b) set an expiry date for the licence (which cannot be more than 3 years after the day the licence takes effect). (5) The Minister may set an expiry date for the export licence under paragraph (4)(b) even if rules made for the purposes of subsection 37(5) apply in relation to the licence. 35 Conditions of export licence (1) An export licence is subject to: (a) the conditions provided by this Act; and (b) the conditions prescribed by the rules (other than any of those conditions that the Minister decides are not to be conditions of the licence); and (c) any additional conditions that the Minister considers appropriate and that are specified in the licence. Note 1: See subsection 64(4) for a condition of an export licence. Note 2: The holder of an export licence may commit an offence or be liable to a civil penalty if a condition of the licence is contravened (see section 59). Note 3: An export licence may be suspended or revoked if a condition of the licence is contravened (see sections 46 and 54). Note 4: A decision to grant an export licence subject to additional conditions is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152). (2) Without limiting paragraph (1)(b), the rules may prescribe conditions in relation to any or all of the following: (a) the holder of the export licence; (b) a kind of regulated waste material; (c) a kind of export operations. (3) Without limiting paragraph (1)(b) or (c), the rules may prescribe conditions, and the Minister may impose conditions: (a) that are required to be complied with before or after the export of the waste material to which the conditions relate; or (b) that relate to the objects of this Act. (4) For the purposes of this Act, conditions to which an export licence is subject under subsection (1) or section 40 are conditions of the licence. 36 Matters to be stated in export licence (1) An export licence must: (a) be in writing; and (b) be given to the applicant to whom it was granted. (2) An export licence must state the following information: (a) the number allocated to the licence; (b) each kind of regulated waste material covered by the licence; (c) each kind of export operations covered by the licence; (d) if applicable, each place to which a kind of regulated waste material covered by the licence may be exported; (e) the day the licence takes effect; (f) that the licence remains in force: (i) until a specified event occurs; or (ii) for a specified period; (g) if the licence remains in force until a specified event occurs—the specified event; (h) if the licence remains in force for a specified period—the expiry date for the licence; (i) any conditions prescribed by the rules that the Minister has decided are not to be conditions of the licence; (j) any additional conditions of the licence; (k) any other information prescribed by the rules. Note: A licence cannot remain in force for more than 3 years (see subsection 34(4)). 37 Period of effect of export licence (1) If an export licence is expressed to remain in force until a specified event occurs, the licence remains in force until the event occurs, unless it is earlier revoked under Part 8. (2) If there is an expiry date for an export licence (including an export licence that has been renewed under Part 5), the licence remains in force until the end of that expiry date unless: (a) the licence is renewed under Part 5 on or before that date; or (b) the licence is revoked under Part 8 on or before that date. (3) There is an expiry date for an export licence if: (a) rules made for the purposes of subsection (5) apply in relation to the export licence; or (b) an expiry date for the export licence set under subsection 34(4) or 39(5) or paragraph 44(1)(c) is in force in relation to the export licence. (4) The expiry date for an export licence is: (a) if rules made for the purposes of subsection (5) apply in relation to the export licence and no expiry date set under subsection 34(4) or 39(5) or paragraph 44(1)(c) is in force in relation to the export licence—the last day of the period prescribed by the rules; or (b) if an expiry date for the export licence set under subsection 34(4) or 39(5) or paragraph 44(1)(c) is in force in relation to the export licence—that date. Note: The expiry date cannot be more than 3 years after the day the licence takes effect (see paragraph 34(4)(b)). (5) The rules may prescribe the period during which an export licence remains in force (which must not exceed 3 years). The rules may apply in relation to: (a) export licences generally; or (b) export licences for a kind of regulated waste material and, if applicable, a place to which the regulated waste material may be exported; or (c) export licences for a kind of export operations in relation to a kind of regulated waste material and, if applicable, a place to which the regulated waste material may be exported. Part 5—Renewal of export licence 38 Application to renew export licence (1) This section applies in relation to an export licence (other than a licence that is suspended wholly or in part under Part 7) if there is an expiry date for the licence. Note: See subsections 37(3) and (4) in relation to the expiry date for an export licence. (2) The holder of the export licence may apply to the Minister to renew the licence. Note: See sections 172, 173 and 174 for additional matters relating to applications. (3) An application for renewal: (a) may relate to more than one kind of regulated waste material; and (b) may relate to more than one kind of export operations; and (c) may specify one or more places to which the regulated waste material is to be exported. (4) An application for renewal must be made: (a) within the period prescribed by the rules; or (b) if the Minister allows a longer period—within that longer period. (5) If an application to renew an export licence is made after the period applying under subsection (4): (a) the application is taken to be an application for a new export licence; and (b) Part 4 applies in relation to the application; and (c) the other provisions of this Part do not apply in relation to the application. 39 Minister must decide whether to renew export licence (1) On receiving an application to renew an export licence, the Minister must decide: (a) to renew the licence; or (b) to refuse to renew the licence. Note 1: See sections 172, 173 and 174 for additional matters relating to applications. Note 2: If the application is to renew the export licence for more than one kind of regulated waste material for export to more than one place, the Minister may decide to renew the licence for some or all of those kinds of waste material for export to some or all of those places. Note 3: If the application is to renew the export licence to carry out more than one kind of export operations in relation to more than one kind of regulated waste material for export to more than one place, the Minister may decide to renew the licence to carry out some or all of those kinds of export operations in relation to some or all of those kinds of waste material for export to some or all of those places. Note 4: A decision to refuse to renew an export licence is a reviewable decision (see section 151) and the Minister must give the applicant written notice of the decision (see section 152). (2) If an export licence would, apart from this subsection, expire before the application to renew the licence is decided, then the export licence is taken to continue in force until: (a) if the application to renew is refused—the refusal takes effect; or (b) if the licence is renewed in response to the application—the day the renewed licence takes effect. (3) In deciding whether to renew an export licence, the Minister must have regard to the following matters: (a) the objects of this Act; (b) whether the applicant is a fit and proper person; (c) whether all relevant Commonwealth liabilities of the applicant have been paid; (d) if one or more relevant Commonwealth liabilities of the applicant have not been paid—whether the non‑payment is due to exceptional circumstances; (e) whether the applicant is, and is likely to continue to be, able to comply with the conditions to which the export licence, if renewed, would be subject; (f) any other matters prescribed by the rules. Note 1: The Minister must have regard to the matters in section 175 in considering whether the applicant is a fit and proper person for the purposes of paragraph (b). Note 2: For the purposes of paragraph (c), a relevant Commonwealth liability of a person is taken to have been paid in certain circumstances (see section 181). (4) In deciding whether to renew an export licence, the Minister may have regard to any other matter that the Minister considers relevant. (5) If the Minister renews the export licence, the Minister must: (a) decide that the licence remains in force until a specified event occurs (which cannot occur more than 3 years after the day the renewed licence takes effect); or (b) set an expiry date for the licence (which cannot be more than 3 years after the day the renewed licence takes effect). Note: A decision under this subsection is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152). (6) The Minister may set an expiry date for the export licence under paragraph (5)(b) even if rules made for the purposes of subsection 37(5) apply in relation to the licence. 40 Conditions of renewed export licence (1) If the Minister renews an export licence, the renewed licence is subject to: (a) the conditions provided by this Act; and (b) the conditions prescribed by rules made for the purposes of paragraph 35(1)(b) (other than any of those conditions that the Minister decides are not to be conditions of the licence); and (c) any additional conditions that the Minister considers appropriate and that are specified in the licence. Note 1: See subsection 64(4) for a condition of an export licence. Note 2: The holder of an export licence may commit an offence or be liable to a civil penalty if a condition of the licence is contravened (see section 59). Note 3: An export licence may be suspended or revoked if a condition of the licence is contravened (see sections 46 and 54). Note 4: A decision to renew an export licence subject to additional conditions is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152). (2) Without limiting paragraph (1)(c), the Minister may impose conditions: (a) that are required to be complied with before or after the export of the waste material to which the conditions relate; or (b) that relate to the objects of this Act. 41 Matters to be