Commonwealth of Australia Explanatory Memoranda

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PRODUCT STEWARDSHIP BILL 2011

                                    2010-2011




     THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA


                                     SENATE




                    PRODUCT STEWARDSHIP BILL 2011


            SUPPLEMENTARY EXPLANATORY MEMORANDUM



             Amendments to be Moved on Behalf of the Government




(Circulated by authority of the Parliamentary Secretary for Sustainability and Urban
                        Water, Senator the Hon Don Farrell)
GENERAL OUTLINE

The purpose of the Government amendments to the Product Stewardship Bill 2011
(the Bill) are to:

   1. Remove subclauses 9(2) and (3) of the Bill, which would have allowed the
      State or Territory laws to be prescribed as `excluded laws' in some
      circumstances (responding to Recommendation 3 of the Senate Environment
      and Communications Legislation Committee Report delivered 9 May 2011
      ("the Committee Report"));

   2. Require the Minister to provide at least 12 months' notice that a class of
      products is being considered for coverage under the Bill, unless the Minister is
      satisfied that there are special circumstances that justify the making of
      regulations without that notification, with reasons to be tabled in Parliament in
      such a case; and

   3. Require the Minister to publish on the Department's website, before the end of
      each financial year, a list of classes of products that are to be considered for
      coverage under the Bill (responding to Recommendation 1 of the Committee
      Report).


FINANCIAL IMPACT STATEMENT

These amendments will not have a financial impact.




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NOTES ON AMENDMENTS

Amendments (1) and (2) - State and Territory Laws

1.     Amendment (1) and (2) respond to the recommendation in the Committee
Report that the Bill preserve or protect existing State and Territory product
stewardship schemes so as not to reduce their targets or effectiveness.

2.      The amendment removes subclauses 9(2) and (3). This means that regulations
dealing with co-regulatory and mandatory product stewardship will not be able to
exclude State or Territory laws. The effect of the amendments is that State and
Territory laws would continue to apply to the extent they are capable of operating
concurrently with the Bill.

Amendments (3) to (13) - Notice requirement: products for regulation

3.      Amendments (4) to (13) place restrictions on the circumstances in which
regulations may be made under the co-regulatory or mandatory provisions. The effect
of the amendments is to establish a primary rule that at least 12 months must elapse
between notice that the Minister is considering a class of products for coverage under
the Bill and a decision by the Minister that regulations should be made.

4.      This primary rule does not apply where the Minister determines that there are
special circumstances that justify making the regulations notwithstanding that the 12
month requirement has not been met. In such a case the Minister must, when the
regulations are laid before both Houses of Parliament, also provide a statement setting
out the special circumstances. This statement could be included in the explanatory
statement accompanying the regulations.

5.     The notice requirement inserted by these amendments is supplementary to
consultation requirements that apply to legislative instruments, including regulations,
by force of section 17 of the Legislative Instruments Act 2003.

Amendments (14) to (15) - Products considered for accreditation or regulation

6.     Amendments (14) and (15) respond to the recommendation in the Committee
Report that as part of the framework legislation, a priority list of products to be
covered by product stewardship schemes be developed and published annually.

7.     The amendments require the Minister to publish on the Department's website,
and table in both Houses of Parliament, a list of classes of products in relation to
which the Minister is proposing to give consideration, during the next financial year,
whether some form of accreditation or regulation under the Bill might be appropriate.
The reasons why the Minister is proposing to give that consideration must also be
published.

8.     The list would not pre-empt the outcome of a regulation impact assessment or
consultation on proposed regulations. It aims to provide more certainty to the
community and business about what is being considered for coverage under the Bill.


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