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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Recycling and Waste Reduction
(Consequential and Transitional
Provisions) Bill 2020
No. , 2020
(Environment)
A Bill for an Act to deal with consequential and
transitional matters arising from the enactment of
the
Recycling and Waste Reduction Act 2020
, and
for related purposes
No. , 2020
Recycling and Waste Reduction (Consequential and Transitional
Provisions) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Repeals
4
Product Stewardship Act 2011
4
Schedule 2--Application, saving and transitional provisions
relating to product stewardship
5
Part 1--Introduction
5
Part 2--Accredited voluntary arrangements
6
Part 3--Co-regulatory arrangements
7
Part 4--Minister's priority list
11
Part 5--Compliance and enforcement
12
Part 6--Administration
14
Schedule 3--Transitional rules
15
Schedule 4--Contingent consequential amendments
16
Recycling and Waste Reduction Act 2020
16
No. , 2020
Recycling and Waste Reduction (Consequential and Transitional
Provisions) Bill 2020
1
A Bill for an Act to deal with consequential and
1
transitional matters arising from the enactment of
2
the
Recycling and Waste Reduction Act 2020
, and
3
for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Recycling and Waste Reduction (Consequential and
7
Transitional Provisions) Act 2020
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Recycling and Waste Reduction (Consequential and Transitional
Provisions) Bill 2020
No. , 2020
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1 to
3
At the same time as Chapter 3 of the
Recycling and Waste Reduction Act 2020
commences.
However, the provisions do not commence
at all if that Chapter does not commence.
3. Schedule 4
The later of:
(a) the commencement of Chapter 4 of the
Recycling and Waste Reduction Act
2020
; and
(b) the commencement of the
Federal
Circuit and Family Court of Australia
Act 2020
.
However, the provisions do not commence
at all unless both of the events mentioned in
paragraphs (a) and (b) occur.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
No. , 2020
Recycling and Waste Reduction (Consequential and Transitional
Provisions) Bill 2020
3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1
Repeals
4
Recycling and Waste Reduction (Consequential and Transitional
Provisions) Bill 2020
No. , 2020
Schedule 1--Repeals
1
2
Product Stewardship Act 2011
3
1 The whole of the Act
4
Repeal the Act.
5
Application, saving and transitional provisions relating to product stewardship
Schedule 2
Introduction
Part 1
No. , 2020
Recycling and Waste Reduction (Consequential and Transitional
Provisions) Bill 2020
5
Schedule 2--Application, saving and
1
transitional provisions relating to
2
product stewardship
3
Part 1--Introduction
4
1 Definitions
5
(1)
In this Schedule:
6
new Act
means the
Recycling and Waste Reduction Act 2020
.
7
old Act
means the
Product Stewardship Act 2011
, as in force
8
immediately before its repeal.
9
(2)
Expressions used in this Schedule that are defined for the purposes of
10
the new Act, and used in relation to that Act, have the same meaning as
11
in that Act.
12
(3)
Expressions used in this Schedule that were defined for the purposes of
13
the old Act, and used in relation to that Act, have the same meaning as
14
in that Act.
15
2 Section 7 of the
Acts Interpretation Act 1901
16
This Schedule does not limit the effect of section 7 of the
Acts
17
Interpretation Act 1901
as it applies in relation to the repeals made by
18
this Act.
19
Schedule 2
Application, saving and transitional provisions relating to product
stewardship
Part 2
Accredited voluntary arrangements
6
Recycling and Waste Reduction (Consequential and Transitional
Provisions) Bill 2020
No. , 2020
Part 2--Accredited voluntary arrangements
1
3 Continuation of accredited voluntary arrangements
2
An arrangement that was an accredited voluntary arrangement in
3
relation to a product under the old Act immediately before its repeal has
4
effect as if:
5
(a) it had been accredited under the new Act in relation to the
6
product when it was accredited under the old Act; and
7
(b) its accreditation under the new Act in relation to the product
8
were subject to the conditions to which it was subject under
9
the old Act; and
10
(c) any reference in the arrangement to the old Act were a
11
reference to the new Act; and
12
(d) any reference in the arrangement to a legislative instrument
13
made under the old Act were a reference to a substantially
14
corresponding legislative instrument made under the new
15
Act; and
16
(e) any reference in the arrangement to a particular provision of
17
the old Act or of a legislative instrument made under the old
18
Act were a reference to the substantially corresponding
19
provision (if any) of the new Act or rules.
20
4 Applications for accreditation of voluntary arrangements
21
made but not finally dealt with before repeal of old Act
22
An application, for accreditation of a voluntary arrangement, made but
23
not finally dealt with before the repeal of the old Act has effect (and
24
may be dealt with) under the new Act and the rules as if the application
25
had been made under the new Act and the rules.
26
Application, saving and transitional provisions relating to product stewardship
Schedule 2
Co-regulatory arrangements
Part 3
No. , 2020
Recycling and Waste Reduction (Consequential and Transitional
Provisions) Bill 2020
7
Part 3--Co-regulatory arrangements
1
5 Notices requiring liable parties to be members of approved
2
co-regulatory arrangements
3
(1)
A notice given under subsection 18(2) of the old Act has effect as if it
4
had been given under subsection 76(4) of the new Act (when the notice
5
was actually given).
6
(2)
However, if the notice specified a day before the commencement of
7
section 76 of the new Act, the notice has effect as if it specified the day
8
immediately before that section commences.
9
(3)
An application made under subsections 18(4) and (5) of the old Act on
10
which the Minister had not made a decision under subsection 18(6) or
11
(7) of the old Act before the repeal of the old Act has effect as if it had
12
been made under subsections 76(6) and (7) of the new Act.
13
6 Continuation of approved co-regulatory arrangements
14
An arrangement that was an approved co-regulatory arrangement in
15
relation to a product under the old Act immediately before its repeal has
16
effect as if:
17
(a) it had been approved under the new Act in relation to the
18
product when it was approved under the old Act; and
19
(b) any reference in the arrangement to the old Act were a
20
reference to the new Act; and
21
(c) any reference in the arrangement to a legislative instrument
22
made under the old Act were a reference to a substantially
23
corresponding legislative instrument made under the new
24
Act; and
25
(d) any reference in the arrangement to a particular provision of
26
the old Act or of a legislative instrument made under the old
27
Act were a reference to the substantially corresponding
28
provision (if any) of the new Act or rules.
29
Schedule 2
Application, saving and transitional provisions relating to product
stewardship
Part 3
Co-regulatory arrangements
8
Recycling and Waste Reduction (Consequential and Transitional
Provisions) Bill 2020
No. , 2020
7 Applications for approval of co-regulatory arrangements
1
made but not finally dealt with before repeal of old Act
2
An application for approval of a co-regulatory arrangement made, but
3
not finally dealt with, before the repeal of the old Act has effect (and
4
may be dealt with) under the new Act as if the application had been
5
made under the new Act.
6
8 Continuation of improvement notices
7
(1)
This item applies to an improvement notice given under the old Act if,
8
immediately before the repeal of that Act:
9
(a) the period specified in the notice (as affected by any
10
variation) had not ended; and
11
(b) the notice had not been revoked.
12
(2)
The notice has effect as if it had been given under section 88 of the new
13
Act.
14
9 Audits of approved co-regulatory arrangements
15
(1)
This item applies if:
16
(a) under section 30 of the old Act, the Minister required an
17
administrator of an approved co-regulatory arrangement to
18
carry out an audit of the arrangement; and
19
(b) the report of the audit was not given to the Minister before
20
the repeal of that Act.
21
(2)
The requirement has effect as if it were made under paragraph 109(1)(b)
22
of the new Act.
23
(3)
If, for the purposes of subsection 31(3) of the old Act, the Minister
24
approved a person for appointment as an auditor for the audit, the
25
approval has effect as if it were an approval, under section 116 of the
26
new Act, of the person to conduct audits of approved co-regulatory
27
arrangements.
28
10 Consents to appointment of replacement administrators
29
of approved co-regulatory arrangements
30
(1)
This item applies if, before the repeal of the old Act:
31
Application, saving and transitional provisions relating to product stewardship
Schedule 2
Co-regulatory arrangements
Part 3
No. , 2020
Recycling and Waste Reduction (Consequential and Transitional
Provisions) Bill 2020
9
(a) the Minister consented under section 33 of that Act to the
1
appointment of a person to replace the administrator of an
2
approved co-regulatory arrangement; and
3
(b) the appointment did not occur.
4
(2)
The consent has effect as an approval of the appointment of the person
5
under section 91 of the new Act.
6
11 Continued effect of the
Product Stewardship (Televisions
7
and Computers) Regulations 2011
for 2020-21 financial
8
year
9
(1)
The
Product Stewardship (Televisions and Computers)
10
Regulations 2011
, as in force immediately before the repeal of the old
11
Act, continue to have effect in relation to the financial year ending on
12
30 June 2021 as if they were rules made for the purposes of Part 4 of
13
Chapter 3 of the new Act.
14
(2)
However, the
Product Stewardship (Televisions and Computers)
15
Regulations 2011
continue to have effect under subitem (1) as if:
16
(a) regulations 1.05 and 2.04 and Part 6 were omitted; and
17
(b) regulations 5.01, 5.02, 5.08, 5.13 and 5.15 did not set out
18
civil penalties; and
19
(c) a reference to a provision of the old Act mentioned in column
20
1 of an item of the following table were a reference to the
21
provision of the new Act mentioned in column 2 of that item.
22
23
References to provisions
Item
Column 1
Provision of the old Act
Column 2
Provision of the new Act
1
Subsection 19(1)
Subsection 77(1)
2
Section 21
Section 79
3
Subsection 22(1)
Subsection 80(1)
4
Paragraph 24(1)(a)
Section 142
5
Paragraph 24(1)(b)
Section 83
6
Subsection 24(4)
Section 83
Note:
Regulations 5.01, 5.02, 5.08, 5.13 and 5.15 of the
Product Stewardship (Televisions and
24
Computers) Regulations 2011
set out requirements contravention of which will be
25
Schedule 2
Application, saving and transitional provisions relating to product
stewardship
Part 3
Co-regulatory arrangements
10
Recycling and Waste Reduction (Consequential and Transitional
Provisions) Bill 2020
No. , 2020
punishable as an offence or by a civil penalty because of section 83 or 142 of the new
1
Act.
2
(3)
To avoid doubt, the annual report required by regulation 5.13 of the
3
Product Stewardship (Televisions and Computers) Regulations 2011
for
4
the financial year ending on 30 June 2021 must be given to the Minister
5
by 30 October 2021.
6
Note:
Regulation 5.15 of the
Product Stewardship (Televisions and Computers)
7
Regulations 2011
requires the audit report for that financial year to be given at the same
8
time as the annual report.
9
(4)
The
Product Stewardship (Televisions and Computers)
10
Regulations 2011
, as they have effect under subitem (1), are repealed at
11
the start of 31 October 2021.
12
Application, saving and transitional provisions relating to product stewardship
Schedule 2
Minister's priority list
Part 4
No. , 2020
Recycling and Waste Reduction (Consequential and Transitional
Provisions) Bill 2020
11
Part 4--Minister's priority list
1
12 Products listed under section 108A of the old Act
2
(1)
Subparagraphs 77(3)(c)(i) and 93(1)(d)(i) of the new Act have effect as
3
if a product included in the list (the
old list
) most recently published
4
under section 108A of the old Act before the repeal of the old Act had
5
been notified by being included in a Minister's priority list when the old
6
list was published.
7
(2)
Despite paragraphs 67(1)(c) and (d) of the new Act, the first Minister's
8
priority list published before the end of the first financial year to end
9
after the commencement of those paragraphs need not include
10
recommendations for actions and times relating to products that were
11
included in the old list.
12
Schedule 2
Application, saving and transitional provisions relating to product
stewardship
Part 5
Compliance and enforcement
12
Recycling and Waste Reduction (Consequential and Transitional
Provisions) Bill 2020
No. , 2020
Part 5--Compliance and enforcement
1
13 Inspectors continue as authorised officer
2
(1)
This item applies to a person who:
3
(a) was an inspector under the old Act immediately before its
4
repeal; and
5
(b) at the time of the repeal is an officer or employee of the
6
Commonwealth or a Commonwealth authority.
7
(2)
The new Act applies as if the person had been authorised to be an
8
authorised officer under subsection 125(1) of that Act immediately after
9
that repeal.
10
14 Publicising offences, contraventions and decisions
11
relating to old Act
12
Section 122 of the new Act applies as if it permitted the Minister to
13
publicise anything connected with the old Act that section 60 of the old
14
Act permitted the Minister administering the old Act to publicise.
15
15 Review of reviewable decisions made under old Act
16
(1)
Part 6 of Chapter 4 of the new Act applies to:
17
(a) a decision (the
original decision
) that, immediately before
18
the repeal of the old Act, was a reviewable decision under
19
that Act made under a particular provision (the
original
20
provision
) of that Act; and
21
(b) a person who, immediately before that repeal, was a person
22
affected by the decision under that Act.
23
(2)
That Part applies to the original decision and the person as if they were
24
respectively a reviewable decision made (when the original decision
25
was made) under a provision of the new Act that corresponds to the
26
original provision and a person affected by the reviewable decision
27
under that Act.
28
(3)
If, before the repeal of the old Act, an application was made under
29
section 95 of the old Act for internal review of the original decision, and
30
a decision was not made on that internal review, subsections 153(3) and
31
Application, saving and transitional provisions relating to product stewardship
Schedule 2
Compliance and enforcement
Part 5
No. , 2020
Recycling and Waste Reduction (Consequential and Transitional
Provisions) Bill 2020
13
(4) of the new Act apply to the application as if it had been made under
1
section 153 of the new Act.
2
(4)
Section 154 of the new Act applies to an internal review decision made
3
by the Minister under subsection 95(4) of the old Act as if it were an
4
internal review decision made by the Minister under subsection 153(4)
5
of the new Act when the Minister made the decision under
6
subsection 95(4) of the old Act.
7
(5)
This item does not apply Part 6 of Chapter 4 of the new Act so as to:
8
(a) extend the time within which an application may be made for
9
review of a decision; or
10
(b) provide for internal review, under section 153 of that Act, of
11
a decision that has been the subject of:
12
(i) an internal review decision made under section 95 of the
13
old Act; or
14
(ii) an application to the Administrative Appeals Tribunal;
15
or
16
(c) provide for an application to the Administrative Appeals
17
Tribunal for review of a decision that has previously been the
18
subject of such an application.
19
Schedule 2
Application, saving and transitional provisions relating to product
stewardship
Part 6
Administration
14
Recycling and Waste Reduction (Consequential and Transitional
Provisions) Bill 2020
No. , 2020
Part 6--Administration
1
16 Protection, use and disclosure of information obtained
2
under the old Act
3
Part 5 of Chapter 4 of the new Act applies as if in that Part the
4
expression "this Act" included a reference to the old Act and
5
regulations made for the purposes of the old Act.
6
17 Annual report for 2020-21 financial year
7
The report under section 184 of the new Act for the financial year
8
ending on 30 June 2021 must also report on the operation of the old Act
9
and regulations made for the purposes of the old Act (as those
10
regulations apply because of the old Act or this Act) during the financial
11
year.
12
Transitional rules
Schedule 3
No. , 2020
Recycling and Waste Reduction (Consequential and Transitional
Provisions) Bill 2020
15
Schedule 3--Transitional rules
1
2
1 Transitional rules
3
(1)
The Minister may, by legislative instrument, make rules prescribing
4
matters of a transitional nature (including prescribing any saving or
5
application provisions) relating to:
6
(a) the amendments or repeals made by this Act; or
7
(b) the enactment of this Act or the
Recycling and Waste
8
Reduction Act 2020
(the
new Act
).
9
(2)
Without limiting subitem (1), rules made under this item before
10
1 January 2023 may provide that provisions of this Act, the new Act, or
11
an instrument made under that Act, have effect with any modifications
12
prescribed by the rules. Those provisions then have effect (but not after
13
30 June 2023) as if they were so modified.
14
(3)
To avoid doubt, the rules may not do the following:
15
(a) create an offence or civil penalty;
16
(b) provide powers of:
17
(i) arrest or detention; or
18
(ii) entry, search or seizure;
19
(c) impose a tax;
20
(d) set an amount to be appropriated from the Consolidated
21
Revenue Fund under an appropriation in this Act;
22
(e) directly amend the text of this Act or the new Act.
23
(4)
This Act (other than subitem (3)) does not limit the rules that may be
24
made.
25
Schedule 4
Contingent consequential amendments
16
Recycling and Waste Reduction (Consequential and Transitional
Provisions) Bill 2020
No. , 2020
Schedule 4--Contingent consequential
1
amendments
2
3
Recycling and Waste Reduction Act 2020
4
1 Section 10 (paragraph (b) of the definition of
relevant court
)
5
Repeal the paragraph, substitute:
6
(b) the Federal Circuit and Family Court of Australia
7
(Division 2); or
8